Toolkit for Assessing Data Portability Under DMA

This report is a technical document that addresses the enforcement gap in the Digital Markets Act (DMA) regarding 'continuous and real-time' data portability. It highlights the ambiguity caused by the lack of a precise definition for this requirement, which affects both regulators and platforms. The report introduces a new taxonomy for classifying data transfer systems based on a review of 18 implementations across health, finance, and social media sectors. It distinguishes between 'Absolute Real-Time' and 'Functional Real-Time,' emphasizing that 'real-time' is context-dependent. The analysis reveals that latency is influenced by various factors, including the intrinsic cadence of data sources and architectural choices. The research aims to provide policymakers with a practical toolkit for evaluating compliance, ensuring that data portability is not only fast but also effective and pro-competitive. The findings are intended to guide future policy design and implementation, addressing the complexities of data portability in the digital economy.