Localization Exploration of Laborers’ Right to Data Portability in the Digital Economy Era

Purpose/Significance Digital economy development makes data an important new type of production factor. Its recombination with traditional production factors, such as labor force, and free and orderly participation in the circulation of the market of production factors are related to the protection of the new rights and interests of laborers and the smooth “dual economic cycles” mechanism under the digital economy. So the system of the laborer’s right to data portability should be introduced. Design/Methodology By studying the overseas legislation in combination with China’s national conditions, the laborer’s right to data portability has multiple legal attributes and can be further divided into the laborer’s right to obtain the copy of data and laborer’s right to transfer data. Findings/Conclusions There are still disputes in its localization process, such as loopholes in data rights protection, disruption of market order and so on. When introducing the laborers’ right to data portability in China, it is necessary to define the applicable scope of localization from the positive and prohibitive aspects, and establish the supporting mechanism based on dividing step, industry, scale and data category, so as to ensure the circulation of laborers’ data and make the development of digital economy smooth and stable.