What is the right to data portability?

By Advisorn · updated on 25 October 2026 · Art. 28-29 FADP, Art. 20-22 Data Protection Ordinance, Art. 20 GDPR

In short

Any person may ask to receive, in a commonly used electronic format, the personal data they have disclosed to the business, or to have it transmitted to another controller, if the business processes it by automated means with their consent or in direct connection with a contract (Art. 28 FADP). The same rules as for the right of access apply: as a rule free of charge and within 30 days (Art. 20-22 Data Protection Ordinance).

What it covers

Only the data the person provided themselves, including data generated by using a service, such as the order history. It does not cover the assessments the business derived from it. A commonly used format is, for example, CSV, JSON or XML.

When it can be restricted

Delivery may be refused, restricted or deferred for the same reasons as the right of access (Art. 29 FADP), and direct transmission to another controller is made only if it does not require disproportionate effort.

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