On the 25th of May 2018, the EU has implemented the new GDPR. With Art. 20 EU residents have now a right to obtain a copy of their personal data. Since May 2018, Switzerland is the odd one out in Europe, as people in Switzerland stand without a chartered right to obtain copies of their own person-related data.
Data portability will strengthen our position relative to large retailers and service providers, who use the personal data that they collected from us to sell their products and services more efficiently. Data portability will stimulate competition, as every person can decide on his own about the use of his or her data. This is the reason why data portability was included in the new EU GDPR. Implementation of data portability supports development and distribution of effective technologies that put the individual at the center and protect its privacy. With a chartered “right to a copy”, people obtain an essential tool to make use of the real value of their personal data, within the framework of our current data-driven economy.
If Switzerland does not adopt data portability, the situation for people in Switzerland will be difficult. Swiss companies with branches in EU member countries or just doing business there must implement data portability. Companies only doing business in Switzerland must not. In such a scenario, people in Switzerland will be confronted with two different systems: Digital self-determination would be infringed.