This dissertation aims to analyze the recently Right to Data Portability in GDPR and how it can change the dynamics of competition especially in digital platforms.I begin with the context of data privacy, showing its evolution and increasing relevance in the national and international framework.The third chapter focuses on the evolution of data portability, which, although recent, has been developed since 2012 by the European Commission, and the European Parliament to the version we have today in the European Regulation and which has been transposed into national law.After this framework, it is necessary to analyze the structure and how it applies, followed by the chapter that deals with competition in online platforms and how portability modifies network effects and transaction costs.Regarding competition and market abuse, a solution based on the doctrine on essential facilities is presented, demonstrating that the new digital economy must go through portability issues as a way of unlocking the current problems of competition and control of personal data, according to the analysis of international case law.In conclusion, interoperability will be addressed as the future of Article 20, which according to the recitals would have this issue as the final goal.
| Date of Award | 15 Jun 2021 |
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| Original language | Portuguese |
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| Awarding Institution | - Universidade Católica Portuguesa
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| Supervisor | João Confraria (Supervisor) |
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- Portability
- Personal data
- Competition
- GDPR
- Digital platforms
- Mestrado em Direito e Gestão
A portabilidade dos dados pessoais nas plataformas digitais: uma solução para evitar as barreiras de entrada do Mercado?
Matos, I. D. D. (Student). 15 Jun 2021
Student thesis: Master's Thesis