نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشگاه شهید بهشتی تهران
2 کارشناس ارشد حقوق مالکیت فکری دانشکده حقوق دانشگاه شهید بهشتی
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
The right to personal data portability, which is a well-known privacy right for data subjects, has recently been recognized as a tool for fostering competition in the digital markets as well. From the perspective of new competition regulations, by enabling users to transfer their personal data from one platform to another, this right reduces switching costs and fosters inter-platform competition. However, this paper argues that the efficacy of data portability right in the competition law is currently limited by three factors. These include the data protection principles that put restrictions on the platform’s migrating users seeking to transfer the third-party’s personal data to other platforms, the potential conflict of data portability right with copyright or contractual rights of the platform owner, and the substantial costs associated with developing the data transfer tools.
To enhance the effectiveness of the data portability regime in Iran’s competition law system, this paper proposes Iran's competition regulator three policy recommendations including (1) exempting non-dominant platforms from immediate data portability obligations; (2) requiring dominant and gatekeeper platforms to provide a mechanism for third-party users to consent to their data transfer by their contacts; and (3) invalidating the contract clauses negating the users’ data portability right.
کلیدواژهها [English]
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