right to data portability: between data protection and competition policy

Main Article Content

Paula Pedigoni Ponce

Abstract

The article adresses the right to data portability at the crossroads of data protection and competition. It is composed of three main sections: (i) in the first one, it highlights how the two different grounds for portability interact, namely the informational self-determination and the promotion of competition; (ii) it presents the right to data portability as enacted by the data protection legislation; (iii) finally, the article presents alternative competition approaches to data portability, mainly from the perspective of CADE’s caselaw. Thus, the article offers an account of data portability in the Brazilian legal system, highlighting the distinctions of each field.

Article Details

Section
Revista de Defesa da Concorrência
Author Biography

Paula Pedigoni Ponce

Doutoranda em Filosofia e Teoria Geral do Direito na Universidade de São Paulo.