Given the critical role of data in the digital economy, data portability is often mentioned as part of a digital competition policy reform agenda. Recently, it has gained traction under Regulation (EU) 2022/1925(2), commonly referred to as the Digital Markets Act (DMA). Data portability is not a new concept, however, and many will be familiar with the data portability rights granted to individuals under Article 20(3) of the GDPR.

Since data portability under the DMA includes personal data, data protection legislation will inevitably be engaged. This is one of many links between the two pieces of legislation, with the DMA explaining that it will apply without prejudice to the GDPR. In this article we consider how and why data portability rights have been enacted in both laws. We explore where there are synergies, where the DMA goes further than the GDPR, where there is potential for tension and the outstanding issues to be resolved. This discussion is also relevant to the implementation of the Digital Markets, Competition and Consumer Act in the UK.