Research on the Private Law Regulation Path of Personal Data Portability in Digital Economy EraFrom the Perspective of EU GDPR

Purpose/Significance The Fourth Plenary Session of the 19th Central Committee has clearly defined data as one of the most important factors of production in the era of digital economy. Clarifying the issue of private law regulation of personal data portability and achieving breakthrough in the design of private law system on the issue of data ownership and portability have become an urgent task in the study of legal protection of data compliance circulation. Design/Methodology The traditional regulation path is different from the concept of personal data portability in terms of purposes, and its arbitrary application may make it difficult to realize the original purpose of personal data portability. Therefore, the EU law proposed path of establishment of rights is used as the basis for analysis, and the domestic scholars proposed paths of Intellectual Property Law, Property Law, Tort Law, Contract Law and Personality Law are analyzed, so as to construct a localized path of private law on data portability. Conclusions/Findings Establishing a paradigm of personal data portability protection system based on the regulation of Personal Rights Law, supplemented by special private law restriction rules, and setting up a scenario classification protection model, has become the proper meaning of China’s personal data portability private law system, so as to achieve balance between the development of the digital economy and the protection of personal data rights and interests, and realize the purpose of sustainable development of the digital economy.