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  <front>
    <journal-meta />
    <article-meta>
      <title-group>
        <article-title>Legal, Technical, and Social Limitations of Data Portability through Decentralized Applications</article-title>
      </title-group>
      <contrib-group>
        <contrib contrib-type="author">
          <string-name>Yongle Chao</string-name>
          <xref ref-type="aff" rid="aff2">2</xref>
          <xref ref-type="aff" rid="aff3">3</xref>
        </contrib>
        <contrib contrib-type="author">
          <string-name>Meihe Xu</string-name>
          <xref ref-type="aff" rid="aff3">3</xref>
        </contrib>
        <contrib contrib-type="author">
          <string-name>Aurelia Tamò-Larrieux</string-name>
          <xref ref-type="aff" rid="aff0">0</xref>
        </contrib>
        <contrib contrib-type="author">
          <string-name>Kimberly Garcia</string-name>
          <xref ref-type="aff" rid="aff1">1</xref>
        </contrib>
        <contrib contrib-type="author">
          <string-name>Konrad Kollnig</string-name>
          <xref ref-type="aff" rid="aff3">3</xref>
        </contrib>
        <aff id="aff0">
          <label>0</label>
          <institution>Faculty of Law, Criminal Justice and Public Administration, Private Law Center, University of Lausanne</institution>
          ,
          <addr-line>Lausanne</addr-line>
          ,
          <country country="CH">Switzerland</country>
        </aff>
        <aff id="aff1">
          <label>1</label>
          <institution>Institute of Computer Science, University of St. Gallen</institution>
          ,
          <country country="CH">Switzerland</country>
        </aff>
        <aff id="aff2">
          <label>2</label>
          <institution>KoGuan School of Law, Shanghai Jiao Tong University</institution>
          ,
          <addr-line>Shanghai</addr-line>
          ,
          <country country="CN">China</country>
        </aff>
        <aff id="aff3">
          <label>3</label>
          <institution>Law and Tech Lab, Maastricht University</institution>
          ,
          <addr-line>Maastricht, Netherland</addr-line>
        </aff>
      </contrib-group>
      <abstract>
        <p>A centralized model with a few large entities holding large amounts of personal data is not conducive to data sharing and data reuse, which leads to lock-in efects and data monopoly. Data portability and decentralized applications serve as a tool for dismantling data silos by granting users control over their data. However, both tools encounter legal, technical, and social limitations. Therefore, we propose a framework that divides and integrates regulatory, technical, and social measures into inner and outer circle measures for decentralization. We hope that such a conceptualization helps to push forward a new paradigm for enhanced data portability.</p>
      </abstract>
      <kwd-group>
        <kwd>eol&gt;GDPR</kwd>
        <kwd>Data Act</kwd>
        <kwd>Access</kwd>
        <kwd>Control</kwd>
        <kwd>Solid</kwd>
        <kwd>Decentralization</kwd>
      </kwd-group>
    </article-meta>
  </front>
  <body>
    <sec id="sec-1">
      <title>1. Introduction</title>
      <p>
        The centralization of personal data management by large technology companies, often referred
to as big tech, has become a defining feature of the digital ecosystem. The aggregation of personal
data by a few companies, such as Meta and Alphabet, has sparked substantial fears about data
abuse, privacy violations, and the solidification of monopolistic behaviors [
        <xref ref-type="bibr" rid="ref1">1</xref>
        ]. These practices
undermine individual control over personal information, exacerbate market concentration,
promote user lock-in efects, and stifle competition, challenging the very principles of a free and
open digital economy. Recognizing these issues, the European Commission (EC) proposed to
break up the centralized data management paradigm by putting in place regulations that foster
data access and portability (e.g., Data Act, Digital Markets Act, Digital Governance Act, General
Data Protection Regulation (GDPR)). These regulatory developments are important to enable
decentralized approaches to data management, which in turn aim to tackle the very challenges
that centralized environments create (e.g., undermining individual control, or lock-in efects). 1
      </p>
      <p>
        In the EU, diferent regulations such as the GDPR and Data Act aim to facilitate the flow
and reuse of data, breaking down information silos and thus enabling data decentralization [
        <xref ref-type="bibr" rid="ref2">2</xref>
        ],
in particular, the right to data portability (RtDP). However, even though the GDPR came
into force in 2018, the right has not been fully realized in practice [
        <xref ref-type="bibr" rid="ref3">3</xref>
        ]. The lack of practical
implementation demonstrates the tension between data portability as a normative ideal and its
practical application (Section 2). Not only the legal domain but also the technical community
has been working towards means to enhance decentralization, developing several decentralized
applications, which stand as a promising tool for the enforcement of data interoperability and
data flow [
        <xref ref-type="bibr" rid="ref4">4</xref>
        ]. However, this technique has yet to emerge as the mainstream paradigm (Section 3).
In order to overcome the challenges of both legal and technical measures to foster decentralized
data management, we propose a framework (Section 4) that divides and integrates regulatory,
technical, and social measures into inner and outer circle measures.
      </p>
    </sec>
    <sec id="sec-2">
      <title>2. Right to Data Portability and Practical Hurdles</title>
      <p>
        Data portability evolved from a proposed right that can be traced back to a consultation in
2010, as noted in the legislative background documents.2 This was aimed at decentralizing data
control from centralized platforms to individuals, enabling the data subject, instead of a few
platforms, to decide to whom access is to be granted [
        <xref ref-type="bibr" rid="ref5">5</xref>
        ]. It ultimately led to Article 18 of the 2012
Proposal (after revisions now Art. 20 GDPR). Under this article, data subjects are granted the
right to obtain and transfer their personal data between controllers, thereby enhancing access
to their own data. The requirements of the RtDP are as follows: (1) subject: data transfer request
initiated by the data subject to the data controller; (2) data format: structured , commonly,
machine-readable; (3) data scope: personal data concerning data subject; (4) transfer time:
realtime. Recital 68 GDPR mentions interoperability as an additional non-mandatory requirement
adding to the description of the format in Article 20. Interoperable standards enable transmission
of data from one system to another with limited loss of data. To fulfill the requirements of Art.
20 GDPR, various platforms have updated their privacy policies and developed tools to enable
easier data transfer (e.g., Facebook, X, and Google). We summarize two distinct approaches to
implementing RtDP, evaluate their eficacy in bolstering data subjects’ control and pinpoint
practical obstacles to these approaches.
      </p>
      <p>• Automated data portability: The first pattern for RtDP execution involves direct data
transfers between platforms, exemplified by the use case of Facebook to Koofr. Facebook
introduced an option that “transfer a copy of your information”, which allows users to
transfer notes and posts to Google Docs, Blogger, and WordPress.com,and port photos
1European Commission: A European strategy for data.
https://eur-lex.europa.eu/legalcontent/EN/TXT/PDF/?uri=CELEX:52020DC0066.
2A comprehensive approach on personal data protection in the European Union.
https://eurlex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2010:0609:FIN:EN:PDF. This consultation is the result
of communication between the Commission, the European Parliament, the Council, the Economic and Social
Committee and the Committee of the Regions. They discussed the new challenges for the protection of personal
data and some policies to deal with it.</p>
      <p>
        and videos to Backblaze, Dropbox, Google Photos, and Koofr. However, the transfer
destination for receiving information is limited and the data format is not
machinereadable. This limitation on data transfer did not alleviate the lock-in efect for users, nor
did it address the issue of data monopolies held by large platforms.
• Manual data portability: The second pattern involves users manually downloading
and updating their data from one platform to another. Empirical evidence indicates that
responses to such requests often face disproportionate delays, are marred by deliberate
obfuscation and stalling tactics, are incomplete, or in some cases, there is a complete
lack of response [
        <xref ref-type="bibr" rid="ref6">6</xref>
        ]. This method of data transfer presents the following drawbacks: (1)
increased burden on users to manage their data. This data, whether stored in the cloud
or on hard drives, can become overwhelming for users when large volumes of personal
information are accumulated. (2) it does not support the real-time transmission required
by Art. 20 GDPR, falling short of true data portability.
      </p>
      <p>
        The Data Act (in force since 11 January 2024) lays down certain essential requirements
for data access beyond personal data of connected devices and services (e.g., Art. 5 relevant
metadata necessary to interpret and use those data) as well as for interoperability (e.g., Art. 30,
Art. 33, 34, 35 ). The Data Act and confers implementation power to the EC to ensure uniform
implementation of common interoperability specifications, which helps to address the absence
of interoperability that impedes data portability. The main purpose of these provisions is to
facilitate the flow and reuse of data, breaking down information silos and thus enabling data
decentralization. However, even though the GDPR came into force in 2018, the right has not
been fully realized in practice [
        <xref ref-type="bibr" rid="ref3">3</xref>
        ] and it remains to be seen, how the provisions of the Data Act
will be implemented in practice.
      </p>
    </sec>
    <sec id="sec-3">
      <title>3. Decentralized Technical Support and Social Limitations</title>
      <p>
        Decentralized applications can empower users with enhanced control of their data. We can see
that these technologies and legal norms are aligned to empower control of data to the users and
data sharing. Firstly, Solid enables decoupling user’s data from the platform[
        <xref ref-type="bibr" rid="ref7">7</xref>
        ], which could
overcome delays by data controllers in responding to data transfer requests and tampering
with data. Platforms now store substantial personal data and often withhold this information
to strengthen their economic dominance. Moreover, Solid addresses the interoperability issue
among diferent pods and lays a solid foundation for enhanced data interoperability across
applications. Finally, data portability through Solid fulfills the legal requirement of real-time
data updates. Once access is granted by the user, the platform immediately gains access to the
data stored in Solid. Additionally, we reveal the social limitations of decentralized applications
in achieving data portability between diferent platforms.
      </p>
      <p>
        Firstly, decentralized applications do not address data formats’ interoperability (compatibility)
across applications. Solid Pod addresses the challenge of data accessibility across diferent
pods and enables users to authorize various applications to access the data stored in their pod.
However, it still leaves open the issue of whether the applications are interoperable (compatible)
with the data, to which they have access permission [
        <xref ref-type="bibr" rid="ref8">8</xref>
        ]. Secondly, Solid applications are
still in development. Thus, they lack maintenance and ease of usage for general users. The
functionalities of the application are hard to understand. For example, the Solid community
server is not intuitive. The “Stuf” page features many folders with ambiguous purposes, which
duplicate content from the “Storage” page, resulting in confusion. Thirdly, the Solid protocol has
yet to achieve mainstream recognition and remains largely unknown to both individuals and
platforms. Although some milestones have been reached in making the Flanders government
adopt the solid protocol, as well as use cases in topical domains, such as education and career (e.g.,
Athumi, Karamel). Their practical application and promotion are still lagging conspicuously[
        <xref ref-type="bibr" rid="ref9">9</xref>
        ].
Major platforms, such as Amazon, X, and Meta, which handle vast amounts of personal data,
have not yet embraced the Solid ecosystem.
      </p>
    </sec>
    <sec id="sec-4">
      <title>4. A Framework: Combining Regulatory, Technical, and Social</title>
    </sec>
    <sec id="sec-5">
      <title>Measures</title>
      <p>To overcome the limitations elaborated in Section 2 and 3 we propose a framework (Figure
1) that divides and integrates regulatory, technical, and social measures into inner and outer
circle measures. Theoretically, once the conditions within the inner circle are met, the outer
circle benefits from positive feedback. Both circles involve three factors: legal, technical, and
social. (1) legal: is the foundation for decentralized application and simultaneously represents
the goals that need to be achieved. (2) technical: a tool for implementing Art. 20 and improving
social welfare. (3) social: guide and motivate stakeholders to perform better in participation
and development, e.g. through education or assessment. The three aforementioned factors are
interdependent, with each one propelling another forward while simultaneously allowing itself
to be influenced by the party it supports.</p>
      <sec id="sec-5-1">
        <title>4.1. Inner Circle Measures</title>
        <sec id="sec-5-1-1">
          <title>4.1.1. Legal and Technical</title>
          <p>At the regulatory level, there is a need for further clarification regarding how the data is ported.
The current practice of many service providers (e.g., Meta, X, Google) fulfills the data transfer
by providing copies of the data and transferring them automated or manually. However, data
porting can also be accomplished by authorizing other platforms to directly access data, reducing
steps for downloading and uploading. To move towards this new paradigm [10], we need social
measures (Section 4.1.2, 4.1.3) as well as standards for interoperability (which is the basis for
a functioning right to data portability) [11] . From an EU legal tech point of view, it has a
long history of using interoperability as a policy tool to overcome network efects and high
switching costs in concentrated markets. For example, the Access Directive (2002/19/EC) and
the Framework Directive (2002/21EC) were established and encouraged some services to use
communications interoperable standards (in the field of communications). In March 2017 the
EC adopted the European Interoperability Framework which gives specific guidance on how to
set up interoperable digital public services. Several governments and legislatures have produced
draft competition legislation mandating interoperability for large online platforms.</p>
        </sec>
        <sec id="sec-5-1-2">
          <title>4.1.2. Technical and Social</title>
          <p>The Solid protocol has not yet become a mainstream data management technology. On the
one hand, many large companies are reluctant to participate in Solid for reasons of financial
interest. But on the other aspects is that Solid is not as user-friendly. We believe that Solid
has the potential to serve as an alternative to the prevailing model of centralized data storage.
However, achieving this requires the acceptance of Solid, or more broadly, decentralized data
storage, by users. To measure user acceptance, we propose a mixed-method approach that
combines a survey and focus groups. The survey will employ Unified Theory of Acceptance and
Use of Technology (UTAUT), which has been used to study the adoption of various technology
[12]. UTAUT contains key factors, including performance expectancy, efort expectancy, social
influence, facilitating conditions, and moderating factors of gender, age, voluntariness, and
experience [13]. In addition to UTAUT, we will use the System Usability Scale (SUS) to evaluate
the perceived usability of the technology [14]. This comprehensive survey approach aims to
gain a detailed understanding of EU users’ acceptance of Solid, if it were made available to
them, and to identify potential areas for improvement to enhance its acceptability and usability.
Following the survey, focus groups will be conducted to tackle specific aspects regarding users’
acceptance of Solid, including addressing any concerns users may have.</p>
        </sec>
        <sec id="sec-5-1-3">
          <title>4.1.3. Legal and Social</title>
          <p>Data portability focuses on the transfer of data between services, thereby enabling
decentralization as it decouples the data from the platform. The RtDP facilitates the decoupling of data
by granting individuals the ability to transfer their data and imposing an obligation on data
controllers. We can engage users and entities more actively by increasing literacy on RtDP,
i.e. educating the general public about the data economy and their data-related rights. In fact,
a stronger focus on data literacy has been pushed by policymakers in the EU: according to
Recital(19) and Article 5(a) of the Data Act, the competent authorities should promote tools
and adopt measures to advance data literacy among users and entities. Data literacy refers to
the skills, knowledge, and understanding that allow users, consumers, and businesses to gain
awareness of the potential value of the data they generate, produce, and share and that they are
motivated to ofer and provide access to by relevant legal rules. To begin with, competent
authorities need to reinforce individual’s awareness of data portability. Individuals should understand
how data portability can be realized and the benefits of it (Article 5(a)). In addition, competent
authorities should measure how decentralization, for realizing data portability, dismantles data
silos and enhances data sharing. Finally, competent authorities should provide opportunities
for individuals and entities to learn and practice how to use decentralized applications.</p>
        </sec>
      </sec>
      <sec id="sec-5-2">
        <title>4.2. Outer circle measures: how the inner circle measures influence the outer circle</title>
        <p>When inner circle measures are efectively implemented, the outer circle is influenced by the
inner circle measures to produce positive results. Von Hippel introduced and validated the
concept of democratizing innovation, demonstrating that user-centered innovation becomes
more innovative than traditional manufacturer innovation when users have access to the
same data and resources as manufacturers [15]. The fundamental condition for enabling user
innovation is ensuring users have access to resources concentrated within manufacturers,
advocating for resource democratizing instead of resource monopoly. This allows users to create
better products based on these resources (because users often have a deeper understanding of
their needs than manufacturers), and in doing so, provide feedback and supplementation to the
larger entities [15]. Data portability and decentralization technologies provide a level playing
ifeld for a few entities and data-poor users (both individuals and businesses) that originally
held abundant resources. In theory, their approach aligns with the principles of democratizing
innovation, similarly fostering the development of user-centric innovations. In addition, the
right to repair empowers the user to modify the copies of the software [16] and its service to
customize the product to fit their need, which can enable a more circular economy that makes
more eficient use of resources [ 17], are also movements that can further foster if the inner
circle measures are fulfilled.</p>
        <p>In practice, FoodCoach demonstrates how data portability enhances consumer welfare.
FoodCoach can customize a health plan for the user, after users authorize the platform to access their
shopping history[18][19]. Users adjust their purchasing habits based on the healthy plan, and
this information, in turn, drives the platform to update the plan. It can be seen data portability
contributes to enhancing consumer welfare. In summary, with the interaction of the three
elements of the inner circle, data portability will become a reality that can enhance social
welfare (e.g., fostering innovation and improving consumer welfare).</p>
      </sec>
    </sec>
    <sec id="sec-6">
      <title>5. Conclusion</title>
      <p>The right to data portability serves as a crucial gateway for enabling data flows and sharing
within the EU.3 Currently, the control of data portability rests predominantly with platforms,
which in various ways obstruct the full realization of this right. This paper argues that Solid
is an alternative approach to data portability. As a decentralized technology, Solid transfers
the control of data portability from platforms to users, ofering greater potential for data
interoperability. It efectively facilitates data transfer across diverse platforms. However, the
adoption of Solid still encounters social limitions. Therefore, we propose a framework that
divides and integrates regulatory, technical, and social measures into inner and outer circle
measures for decentralization. We hope that such a conceptualization helps to push forward a
new paradigm for enhanced data portability.</p>
    </sec>
    <sec id="sec-7">
      <title>6. Acknowledgement</title>
      <p>This article is partially funded by the COST Action on Distributed Knowledge Graphs (CA19134),
supported by COST (European Cooperation in Science and Technology).
3Data act: member states agree common position on fair access to and use of data.
https://www.consilium.europa.eu/en/press/press-releases/2023/03/24/data-act-member-states-agree-commonposition-on-fair-access-to-and-use-of-data/</p>
      <p>What does matter in the success of a decentralized application? from idea to development,
Information and Software Technology (2024) 107414.
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[11] I. Brown, Interoperability as a tool for competition regulation (2020).
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[13] V. Venkatesh, M. G. Morris, G. B. Davis, F. D. Davis, User acceptance of information
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[14] J. R. Lewis, The system usability scale: past, present, and future, International Journal of</p>
      <p>Human–Computer Interaction 34 (2018) 577–590.
[15] E. Von Hippel, Democratizing innovation, the MIT Press, 2006.
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‘we are adults and deserve control of our phones’: examining the risks and opportunities of
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