Art. 21 DPO

Technical requirements for implementation

Chapter 3: Rights of the Data SubjectSection 2: Right to Data Portability

Statutory textStatus: 1 December 2025

¹ A conventional electronic format is any format that allows the personal data to be transmitted and reused by the data subject or another controller at a proportionate cost.

² The right to data portability does not create any requirement for the data controller to adopt or maintain technically compatible data processing systems.

³ The cost of transferring personal data to another controller is disproportionate if the transfer is technically impossible.

Source: Version on FedlexThis translation is not an official version. Only the German, French and Italian versions are legally binding.

In brief

The data must be provided in a conventional electronic format, meaning one that allows it to be transmitted at a proportionate cost and reused by you or another controller. However, the company is not required to adopt or maintain technically compatible systems. If transfer to another controller is technically impossible, the cost is deemed disproportionate.

What does this mean for me?

You are entitled to a reusable file, but not in every case to have your data sent directly to the new provider. If direct transfer is technically impossible, you can request the data and pass it on yourself.

Example

Your current music service gives you your playlists in a conventional file that you can import into the new service. It does not have to transfer them directly if this is technically impossible.

Implements these provisions of the Federal Act on Data Protection (FADP)

Art. 28 FADPRight to data portability

Explanation by mydatenschutz.ch in plain language – not legal advice. The statutory text is authoritative.