With the entering into force of the General Data Protection Regulation (“GDPR”) in May 2018, data subjects in the European Union (“EU”) will have the right to data portability for cer- tain data processing operations. While the introduction of this novel right will pose challenges for all data processing operations, some specific obstacles for data subjects could stem from the specific fea- tures of the collaborative economy and its platforms. Difficulties could inter alia arise from the com- plexities in clearly allocating the roles of “controller” and “processor” within collaborative platforms, or from the lack of clarity about the scope of Article 20 GDPR. In addition, practical challenges to the right to data portability might be posed by the fact, that currently the dominant collaborative plat- forms are headquartered outside of the EU (especially in the United States), meaning potential issues concerning international data transfers and the missing of a defined format for replying to portability requests. To ensure that the empowerment for data subjects that was intended with the right to data portability is preserved in the context of the collaborative economy, these potential obstacles need to be thoroughly assessed through analysing the text of the GDPR, including guidance issued by the data protection authorities and academia. To this end, the author will first shortly describe the collaborative economy and the right to data portability, and afterwards assess its interconnections by using the tools mentioned. The resulting analysis, will hopefully contribute to a clearer understanding of the right to data portability from the perspective of a data subject in the context of the collaborative economy, and present
Original languageEnglish
Title of host publicationCollaborative Economy: Challenges and Opportunities
Subtitle of host publicationActas del 14º Congreso Internacional Internet, Derecho y Política. Universitat Oberta de Catalunya, Barcelona, 21-22 de junio de 2018
Place of PublicationSpain
PublisherHuygens Editorial
Chapter3
Pages219-235
ISBN (Electronic)978-84-17580-03-2
Publication statusPublished - 1 Oct 2018
EventIDP 2018: Collaborative Economy - Challenges and Opportunities - Cosmocaixa, Barcelona, Spain
Duration: 21 Jun 201822 Jun 2018
http://symposium.uoc.edu/12116/section/8293/idp-2018-_-collaborative-economy-challenges-and-opportunities-barcelona-21-22-junio.html

Conference

ConferenceIDP 2018: Collaborative Economy - Challenges and Opportunities
Abbreviated titleIDP 2018
CountrySpain
CityBarcelona
Period21/06/1822/06/18
Internet address

    Research areas

  • data portability, data subject rights, collaborative economy

ID: 40511649