Cabo VerdeLaw No. 133/V/2001 on the Protection of Personal Data, data portability
In force since .
A data subject rights rule binding public and private bodies.
- Obligation class
- Data subject rights
As of .
What it requires
- Let a data subject receive the personal data concerning them that they provided to you, in a structured, commonly used and machine-readable format, and transmit it to another controller without hindrance from you, where the processing is based on consent or on a contract and is carried out by automated means (Article 18(1)).
- When a data subject exercises the right of portability, transmit the personal data directly to the other controller where that is technically possible (Article 18(2)).
These lines are LexLint's reading of the law's text, as of .
What this law does
Article 18(1) gives a data subject the right to receive the personal data concerning them that they provided to a controller, in a structured, commonly used and machine-readable format, and the right to transmit that data to another controller without hindrance from the controller to which it was provided. Article 18(1) applies that right where the processing is based on consent, or on a contract, and is carried out by automated means.
Article 18(2) gives the data subject the right to have the personal data transmitted directly between controllers where that is technically possible. Article 18(3) makes the right of portability inapplicable to processing necessary for a task carried out in the public interest or for the exercise of official authority vested in the controller. Article 18(4) provides that the right of portability does not prejudice the rights and freedoms of third parties.
Lei n.º 121/IX/2021 added the right to data portability to the law. Lei n.º 121/IX/2021 entered into force thirty days after its own publication on .
When LexLint raises it
When your app profile says your app crawls the web, trains models, deploys a chatbot, sends automated outreach or generates content with AI.