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Portabilità dei dati e regolazione dei mercati digitali / Data portability and regulation of digital markets.

Borghi, M., 2018. Portabilità dei dati e regolazione dei mercati digitali / Data portability and regulation of digital markets. Mercato Concorrenza Regole, 10 (2), 223 - 245.

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Official URL: https://www.mulino.it/riviste/issn/1590-5128

DOI: 10.1434/91151

Abstract

The EU General Data Protection Regulation has introduced a new “right to data portability”. While the provision has the main purpose of strengthening individual rights, it constitutes at the same time a legal instrument that could facilitate competition in the digital markets. As a consequence of the broad construal of the concept of “personal data” in EU law, the right to data portability applies as a matter of fact to a wide range of datasets, thereby overlapping with a number of conflicting rights and interests that subsists in those datasets. This raises the issue of how to balance conflicting interests and to secure efficacy to data portability as a market regulatory instrument. The article shows that such efficacy largely depends on the structure of the relevant market. It argues that the pro-competitive effect of data portability is more pronounced in markets that adopt interoperable standards. By contrast, the effect is largely uncertain in absence of commonly shared standards of data processing.

Item Type:Article
ISSN:1590-5128
Additional Information:Please note this article is written in Italian.
Uncontrolled Keywords:data protection; interoperability; digital economy
Group:Faculty of Media & Communication
ID Code:31923
Deposited By: Unnamed user with email symplectic@symplectic
Deposited On:01 Mar 2019 15:32
Last Modified:29 Feb 2020 01:08

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