On February 23, 2024, the Personal Data Protection Service (PDPS) released recommendations to clarify the rules regarding the right to data portability, evaluating its implementation and response, in accordance with the New Law of Georgia on Personal Data Protection (the New Data Protection Act).

What are the main provisions of the recommendations?

In particular, the recommendations define the right to data portability and the correlated obligation of data controllers, and make a comparison with the right to data portability under the General Data Protection Regulation (GDPR). Furthermore, the recommendations provide examples and explain:

• the basic components of the right to data portability;
• the limitations to the right to data portability;
• the compatibility of the right to data portability with the other data subject rights; and
• the criminal responsibility for violations of data subject rights.

Moreover, the recommendations explain how to properly respond to data portability requests. The PDPS recommended developing tools that ensure effective, timely, and efficient data transfer requests, including implementing programs for downloading, storing, and sharing information, as well as making sure that the data is transferred in a structured, publicly available, and machine-readable format.

The PDPS further highlighted that the recommendations will be updated regularly, and are open to suggestions and comments which can be sent to the [email protected].

You can read the press release here and the recommendations here, both only available in Georgian.