Data Sovereignty vs Data Portability: Can We Have Both?

In simpler terms: can consumer data be both freely portable across services and securely governed within national borders?

This blog will explore the friction, why it matters, and how organisations can architect solutions that satisfy both sides.

What Is Data Portability?

Data portability is the principle that individuals should be able to move their personal data between service providers easily and securely. It is:

• A core part of the Consumer Data Right (CDR) (Australia)
• Enshrined in GDPR Article 20 (EU)
• Central to Section 1033 of the Dodd-Frank Act (USA)
• Embedded in Open Banking standards globally

Portability empowers competition, unlocks innovation, and helps consumers break free from data silos. When implemented well, it fuels faster switching, better onboarding, and more relevant financial products.

What Is Data Sovereignty?

Data sovereignty refers to the concept that data is subject to the laws of the country in which it is collected or stored. Governments enforce sovereignty for a range of reasons:

• Protecting national security and critical infrastructure
• Ensuring privacy and ethical handling of citizen data
• Maintaining regulatory oversight and auditability
• Preserving economic advantage through local data control

Many countries have introduced data localisation laws, requiring that data collected within their jurisdiction is stored (and sometimes processed) locally. China, India, Russia, Brazil, and Indonesia have all moved in this direction to varying degrees.

The Collision Point

The tension arises when a user in Country A wants to port their data to a service in Country B, but sovereignty rules restrict that transfer, even if the user consents.

Consider the following scenarios:

• A fintech headquartered in Europe wants to access energy consumption data from Brazil to offer climate-conscious financing
• A user in Singapore wants to port their banking data to a global wealth platform based in the US
• A credit scoring API based in South Korea needs access to Australian transaction data for a multi-market underwriting model

Each of these examples involves cross-border data flow, which triggers compliance complexity, legal ambiguity, and technical friction.

Can We Have Both?

It's possible, but it requires intent at every layer of the stack - legal, architectural, and experiential.

1. Regulatory Alignment and Bilateral Agreements

International data sharing will increasingly rely on:

• Reciprocal frameworks (e.g. UK-EU GDPR adequacy)
• Data transfer agreements (e.g. Standard Contractual Clauses)
• Sector-specific treaties and interoperability principles

Proactive regulators may also build “open data corridors” between trusted jurisdictions to facilitate safe cross-border portability.

2. Infrastructure That Respects Borders

Open data infrastructure must be built with sovereignty in mind. This includes:

• Geofenced data storage (multi-region support, data residency controls)
• Policy-aware APIs that respect jurisdictional constraints
• Dynamic consent models that adapt based on user location and applicable regulation

At Fiskil, we design infrastructure to support configurable data residency and fine-grained consent controls, giving clients the flexibility to operate globally while complying locally.

3. User-Centric Consent and Transparency

When data portability bumps up against legal restrictions, clarity matters. Users should:

• Understand what data is being shared and where
• See which jurisdictions apply
• Be given clear options and fallback paths

UX plays a key role in building trust and preventing customer confusion when cross-border flows are not allowed.

Why This Matters Now

As open banking expands into open energy, open finance, and beyond, cross-sector and cross-border use cases are becoming the norm, not the exception. Fintechs, energy retailers, insurers, and SaaS platforms must navigate a patchwork of global regulations and design infrastructure that can flex across that landscape.

Ignoring sovereignty will lead to failed audits, blocked data flows, and reputational risk. Ignoring portability will limit your product reach and leave value on the table.

The most forward-thinking organisations will recognise that portability and sovereignty can co-exist, and that solving for both is a product advantage, not just a compliance necessity.

By investing in modular, standards-aligned infrastructure and working with partners who understand the regulatory terrain, you can build systems that respect borders without building walls.

Want to navigate global data compliance without slowing down product innovation?

Talk to Fiskil about sovereign-ready, portability-first data infrastructure.