Data Portability, Competition, Privacy, and Cybersecurity


  • Peter Swire


  • Régis Chatellier
  • Wolfgang Kerber
  • Nizan Packin
  • Inge Graef

Organisation: Georgia Tech

Room: Online 3

Timing: 17:15 - 18:30 on 29 January 2021

Many current competition initiatives in the European Union, including the European Data Strategy, have stressed the importance of data portability for the individual, and other required transfers (often called “data sharing”) at greater than the individual scale. Portability issues have become especially timely due to: (i) their inclusion in GDPR and the California Consumer Privacy Act; (ii) intense policy focus on competition and privacy issues for the largest data-intensive platforms; and (iii) sectoral initiatives such as the Payment Services Directive II. Benefits of portability can include greater innovation and competition, and individuals’ free choice about their personal data. Risks can include privacy, cybersecurity, and anti-competitive standards.

• How should portability goals be built into important sectors such as smart cars and financial services?
• How should governance proceed on these topics, which involve data protection, consumer protection, and competition concerns?
• To what extent and when should data portability be considered primarily a fundamental rights issues, as contrasted with other regimes that seek economic efficiency and other goals?
• What should be the general lessons, during the creation of data strategies for the EU, concerning data portability?


Peter Swire

Georgia Tech and Research Director, Cross-Border Data Forum (US)

Peter Swire is the Elizabeth and Tommy Holder Chair and Professor of Law and Ethics in the Scheller College of Business at the Georgia Institute of Technology, senior counsel with the law firm of Alston & Bird, and Research Director of the Cross-Border Data Forum. Under President Clinton, Swire was Chief Counselor for Privacy in the U.S. Office of Management and Budget. Swire served as one of five members of President Obama’s Review Group on Intelligence and Communications Technology. In 2015, the International Association of Privacy Professionals awarded Swire its annual Privacy Leadership Award. In 2018, Swire was named an Andrew Carnegie Fellow for his project on “Protecting Human Rights and National Security in the New Age of Data Nationalism.”


Régis Chatellier

CNIL (French Data Protection Authority)(FR)

Régis Chatellier is Innovation & Foresight Project Manager at Department of Technologies and Innovation - CNIL (French Data Protection Authority). He is a member of LINC (Laboratoire d'Innovation Numerique de la CNIL), the innovation and foresight laboratory of the CNIL, a triple project based on an online media ( / @LINCnil), a physical space, and a research and experimentation platform. In 2020, he work on the specific topic of Data Portability. The CNIL organized in November 2020 an event to promote and develop Data Portability (

Wolfgang Kerber

Philipps Universität Marburg (DE)

Wolfgang Kerber is Professor of Economics at University of Marburg (Germany) since 1997. He was, inter alia, Fernand Braudel Fellow at the European University Institute (Florence) and Hauser Global Fellow at NYU Law School. His current main field of research are regulatory problems of the digital economy (competition, data governance, and privacy). His most recent publications are about digital markets and privacy; interoperability; competition policy in digital economy; data ownership, data rights, data governance, data access and data portability; access to in-vehicle data in connected cars; German Facebook case in competition law.

Nizan Packin

Baruch College CUNY (US)

Nizan G. Packin is an Associate Professor at Baruch College, CUNY. She researches Financial Regulation, Business Law, Consumer Protection, and Information Law. Before to joining CUNY, Packin practiced law at Skadden. Prior to Skadden, she served as a clerk to Justice Joubran in the Israeli Supreme Court, interned at the FTC, and externed for Judge Weinstein in the Eastern District of New York. Packin is a Contributor to Forbes, where she writes about financial and data regulation, and consumer protection. She published Op-Eds in outlets such as the WSJ, American Banker, and Newsday. Packin earned her law degrees from Columbia Law School and Haifa University, and a doctorate in legal studies from the University of Pennsylvania. She also has a BA in economics.

Inge Graef

Tilburg University (NL)

Inge Graef is Associate Professor of Competition Law at Tilburg University. She is affiliated to the Tilburg Institute for Law, Technology, and Society (TILT) and the Tilburg Law and Economics Center (TILEC).
Inge holds expertise in the areas of competition law, platform regulation and the governance of data. She is co-chairing the Digital Clearinghouse initiative, which aims to facilitate cooperation, dialogue and exchange of insights between regulatory authorities across Europe and beyond in the areas of competition, data protection and consumer law. Inge is also appointed as a member of the European Commission's expert group to the EU Observatory on the Online Platform Economy.