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Recital 68

To further strengthen the control over his or her own data, where the of is carried out by automated means, the data subject should also be allowed to receive concerning him or her which he or she has provided to a in a structured, commonly used, machine-readable and interoperable format, and to transmit it to another . Data controllers should be encouraged to develop interoperable formats that enable data portability. That right should apply where the data subject provided the on the basis of his or her or the is necessary for the performance of a contract. It should not apply where is based on a legal ground other than or contract. By its very nature, that right should not be exercised against controllers in the exercise of their public duties. It should therefore not apply where the of the is necessary for compliance with a legal obligation to which the is subject or for the performance of a task carried out in the public interest or in the exercise of an official authority vested in the . The data subject's right to transmit or receive concerning him or her should not create an obligation for the controllers to adopt or maintain systems which are technically compatible. Where, in a certain set of , more than one data subject is concerned, the right to receive the should be without prejudice to the rights and freedoms of other data subjects in accordance with this Regulation. Furthermore, that right should not prejudice the right of the data subject to obtain the erasure of and the limitations of that right as set out in this Regulation and should, in particular, not imply the erasure of concerning the data subject which have been provided by him or her for the performance of a contract to the extent that and for as long as the are necessary for the performance of that contract. Where technically feasible, the data subject should have the right to have the transmitted directly from one to another.

Source:
EUR-Lex CELEX 02016R0679-20160504
Citation:
OJ L 119, 04.05.2016, p. 1; corrected by OJ L 127, 23.05.2018, p. 2
As of:
2016-05-04
Retrieved:
2026-02-25