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EU right to data portability: navigating through the applicable legal framework

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Florian Jacques, University of Namur

Chair: Prof. Nadia Maccabiani, University of Brescia

 

When: Thursday, January 16th, 2025, 3:00 PM

Where: Room D4, Brixia Building


 

The seminar aims to analyse the EU legal framework applicable to data portability. It starts with an introduction to the concepts of data portability, data sharing and data access which are distinct but interrelated and interacting notions. Then, the presentation discusses the General Data Protection Regulation (GDPR), the Digital Market Act (DMA) and the Data Act (DA) which are the main EU pieces of legislation applicable to data portability. It shows that instead of creating a uniform right to data portability, EU law has introduced multiple rights to portability that may be exercised under different condition and that may cover different categories of data. The presentation also analyses sector-specific rules in this regard, such as those contained in the automotive regulations or in the upcoming European Health Data Space Regulation (EHDS). Finally, it highlights the existing legal loopholes and the potential legal answers.

 

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