LRD guides and handbook March 2018

The General Data Protection Regulation - a practical guide for trade unionists

Chapter 4

Right to data portability

[ch 4: page 30]

Where there is automated processing based on the individual’s consent or performance of a contract, an individual has the right to receive his or her data from the data controller in a structured, commonly used and machine-readable format and is entitled to transmit it to another data controller without hindrance from the first (Article 19).

The individual also has the right to have his or her data transmitted directly from one data controller to another, where this is technically feasible.

This right only applies where the lawful basis for processing personal data is consent or the performance of a contract. It does not apply to any processing necessary for the performance of a task carried out in the public interest or in the exercise of an official authority.