How and when do data portability rights apply?

Data portability is a new right for individuals under the GDPR. It can be said it is the answer to the ‘Big Data’ trend so as to increase the user’s choice of online services. In certain cases, the data controller may even be required to transmit the data directly to the competitor.

Data portability rights apply only when processing was based on the individual’s consent or on a contract. However, it does not apply to processing based on public interest or the controller’s legitimate interest.

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