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Data Access Through Data Portability

Economic and Legal Analysis of the Applicability of Art. 20 GDPR to the Data Access Problem in the Ecosystem of Connected Cars

Daniel Gill, Jakob Metzger


Restrictions of data access for complementary services in digital (IoT) ecosystems are an increasing concern in the legal and economic discussion around the interface between competition law and data protection. The connected car and its ecosystem of innovative complementary products and services is exemplary for this problem. Car manufacturers (OEMs) enjoy exclusive control over most in-vehicle data and thus a gatekeeper position that allows them to control complementary markets. One of a number of potential solutions to this problem is the application of the right to data portability of the General Data Protection Regulation (GDPR). This paper shows the difficulties of solving this data access problem through Art. 20 GDPR. In particular, we analyze the scope of data covered by Art. 20 GDPR, the conditions of its execution, and its practicality with respect to the transaction costs involved. Our findings suggest that Art. 20 GDPR is insufficient to solve the data access problem in the ecosystem of connected cars.
Key Words: Data Portability | Data Access | Data Protection Law | Competition Policy | Connected Cars | PSD2 | Consumer Data Rights

Daniel Gill, School of Business & Economics, University of Marburg, Germany. Corresponding author. ORCID iD: 0000-0003-3525-7343. This work is the supplemented and extended version of the presentation given by the author at the 15th Annual ASCOLA Conference, June 25, 2020. For Correspondence: <>; Jakob Metzger, Weizenbaum Institute for the Networked Society (Berlin) and Humboldt University (Berlin). This work has been funded by the Federal Ministry of Education and Research of Germany (BMBF) under grant no 16DII111 ('Deutsches Internet-Institut'). For Correspodence: <>. JEL: K24, L86, O38


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