Recognizing the Right to Data Portability as a Safeguard Against the Abuse of Market Power by Dominant Digital Platforms (With a Focus on the EU GDPR and Iran’s Draft Bill on Data and Personal Information Protection)

Articles in Press

Document Type : Scientific Research

Authors

1 Department of Private Law, Faculty of Law, Central Tehran branch, Tehran. Iran.

2 Private law Department, law faculty, Central Tehran branch, Tehran. Iran

3 Department of Private Law, Faculty of Law, Central Tehran branch, Islamic Azad University.Tehran, Iran.

Abstract

This research seeks to analyze the features of digital platforms' dominance rooted in control over personal data and to assess the manifestations of such dominance, particularly through practices of refusal to deal. It further examines the imperative of data transfer between platforms—viewed as an essential facility necessary to maintain competitive market dynamics—and explores the correlation between the recognition of the right to data portability and the prevention of abusive conduct by dominant platforms.

To pursue this aim, the study adopts a qualitative methodology, relying on documentary (library-based) sources and an analytical-descriptive framework. The analysis includes a comparative legal examination of Iranian and European Union legal systems, complemented by a review of relevant judicial decisions. The core of the discussion focuses on the legal necessity of establishing the right to transfer user data and its role in curbing the abuse of dominant positions within digital markets.

The findings reveal that personal data constitutes a substantial source of competitive advantage and may serve as an essential facility in platform-based competition. When major platforms possess extensive datasets and deny access to smaller competitors, such conduct can amount to a refusal to deal and represent an abuse of dominance. Promoting fair competition thus requires ensuring that small and medium-sized platforms are granted meaningful access to user data, reinforcing the legal and economic significance of recognizing data portability rights.

Keywords

Civil Law Knowledge

Articles in Press, Accepted Manuscript
Available Online from 08 October 2025

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