Data Portability and Interoperability – GRAEF – June 2021 OECD discussion

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OECD Directorate for Financial and Enterprise Affairs

This document summarizes key EU data access regimes including the GDPR, Digital Content Directive, PSD2, and Electricity Directive. It outlines their objectives, intended beneficiaries, and standards for data portability. These regimes aim to promote the internal market, consumer protection, and competition through standardized access to personal and sector-specific data. However, their impact depends on how actively users invoke these rights. The document also references the proposed Digital Markets Act and forthcoming Data Act as developing EU initiatives in this area.

Implementation and
impact of horizontal and
sector-specific EU data access
regimes
Dr. Inge Graef
9 June 2021
OECD hearing on data portability

2
Legislation Objectives Beneficiaries Standardisation
GDPR Data protection,
internal market for
personal data
Data subjects
(natural persons)
Structured,
commonly used and
machine-readable
format – data
controllers are
encouraged to
develop
interoperable formats
Digital Content
Directive
Internal market;
consumer protection
Consumers (natural
persons)
Commonly used and
machine-readable
format
PSD2 Internal market for
payment services
Third-party payment
initiation and account
information service
providers, payers
European Banking
Authority specifies
the requirements of
common and open
standards
Electricity Directive Internal market for
electricity; energy
efficiency; consumer
empowerment
Final customers;
eligible parties to be
specified by the
Member States
Common data format
at national and later
EU level

Impact of data portability at micro and macro level
Overall competition and innovation

Beyond data portability
• Data portability as a tool to empower users
• But impact of data portability on competition and
innovation depends on how actively users invoke it
• Current EU developments:
‒ Proposed Digital Markets Act – search data
‒ Forthcoming Data Act
• Potential of asymmetric regulation: both at the side of
addressees and beneficiaries

References
• I. Graef (2020). The opportunities and limits of data
portability for stimulating competition and innovation,
Competition Policy International – Antitrust Chronicle
November 2020, p. 1-8
• I. Graef, M. Husovec & J. van den Boom (2020). Spill-
overs in data governance: Uncovering the uneasy
relationship between the GDPR’s right to data portability
and EU sector-specific data access regimes, Journal of
European Consumer and Market Law, vol. 9 no. 1, p. 3-
16

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