Where processing is based on consent or contract and is automated, people can receive the data they provided in a structured, commonly used, machine-readable format — and have it transmitted to another provider.
Key points
- Applies to data the person provided, processed by consent or contract.
- Includes the right to direct transfer 'where technically feasible'.
Official text & source
Article 20 of the General Data Protection Regulation (Regulation (EU) 2016/679). Read the full, authoritative text on EUR-Lex.
Official text
Verbatim text of Article 20 of the General Data Protection Regulation — Regulation (EU) 2016/679.
The data subject shall have the right to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where:
the processing is based on consent pursuant to point (a) of Article 6 (1) or point (a) of Article 9 (2) or on a contract pursuant to point (b) of Article 6 (1); and
the processing is carried out by automated means.
In exercising his or her right to data portability pursuant to paragraph 1, the data subject shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible.
1 The exercise of the right referred to in paragraph 1 of this Article shall be without prejudice to Article 17 . 2 That right shall not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
The right referred to in paragraph 1 shall not adversely affect the rights and freedoms of others.
Source: Regulation (EU) 2016/679 (OJ L 119, 4.5.2016, p. 1). Official text reproduced from EUR-Lex — © European Union. Only European Union legislation published in the Official Journal is deemed authentic.
Related articles
These summaries are a plain-English orientation only and are not a substitute for the official text of the Regulation or for legal advice.
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