Datenportabilität und ihre Umsetzung

The right to data portability will be introduced, as a first for Switzerland, with the revised Swiss Data Protection Act. Inspired by the GDPR but with a “Swiss finish”, data subjects may (if certain conditions are met) request the controller to transfer “their” personal data to them or another controller. However, a number of questions remain open, for example: Which type of data is subject to the portability right? Who is responsible for protecting third party rights, where personal data relating to the subject making the request contains third party data? In this article we set out the scope and the limits of the portability right and provide additional clarity for controllers by discussing a specific use case.