Decision on the adequate protection of personal data by Japan under the Act on the Protection of Personal Information

Author (Corporate)
Series Details C (2019) 304
Publication Date 23/01/2019
Content Type

Summary:

Implementing Decision adopted by the European Commission in January 2019 regarding its adequacy decision on Japan, allowing personal data to flow freely between the two countries on the basis of strong protection guarantees.

Further information:

This mutual adequacy arrangement was set to create the world's largest area of safe transfers of data based on a high level of protection for personal data. The agreement foresees a mutual recognition of an equivalent level of data protection by the EU and Japan. Once adopted, this covers personal data exchanged for commercial purposes, ensuring that in all exchanges a high level of data protection is applied.

The European Commission launched a dialogue with Japan, as mentioned in a Communication published in January 2017. In July 2018, the EU and Japan announced the successful conclusion of talks regarding reciprocal adequacy when it comes to data protection. They agreed to recognise each other's data protection systems as 'equivalent', which would allow data to flow safely between the EU and Japan. Upon this agreement, each side launched relevant internal procedures for the adoption of its adequacy finding. For the EU, this involved obtaining an opinion from the European Data Protection Board (EDPB) and the green light from a committee composed of representatives of the EU Member States. The adequacy decision was eventually adopted by the European Commission on 23 January 2019.

Source Link https://ec.europa.eu/info/sites/info/files/draft_adequacy_decision.pdf
Related Link(s)
Commentary and Analysis
Lexology, 28.01.19: Japan adequacy decision adopted by the EU Commission https://www.lexology.com/library/detail.aspx?g=effee5b3-8aa9-4d23-bf11-ff309e9cb6d5

News
Politico, 17.07.18: Juncker: EU signs data transfer deal with Japan https://www.politico.eu/article/juncker-announces-data-transfer-deal-with-japan/
EurActiv, 05.09.18: Data agreement: EU jumps into bed with Japan as tensions rise over US privacy shield https://www.euractiv.com/section/data-protection/news/data-agreement-eu-jumps-into-bed-with-japan-as-tensions-rise-over-us-privacy-shield/
Reuters, 17.07.18: EU agrees on data deal with Japan https://www.reuters.com/article/idUSKBN1K70W3

Official
European Commission: Joint statement by Commissioner Věra Jourová and Haruhi Kumazawa, Commissioner of the Personal Information Protection Commission of Japan on the state of play of the dialogue on data protection [4 July 2017] http://europa.eu/rapid/press-release_STATEMENT-17-1880_en.htm
European Commission: Questions & Answers on the Japan adequacy decision http://europa.eu/rapid/press-release_MEMO-19-422_en.htm
European Commission: Joint Statement by Haruhi Kumazawa, Commissioner of the Personal Information Protection Commission of Japan and Věra Jourová, Commissioner for Justice, Consumers and Gender Equality of the European Commission http://europa.eu/rapid/press-release_STATEMENT-18-4548_en.htm
European Commission: Press Release, 17.07.18: The European Union and Japan agreed to create the world's largest area of safe data flows http://europa.eu/rapid/press-release_IP-18-4501_en.htm
European Commission: Press Release, 23.01.19: European Commission adopts adequacy decision on Japan, creating the world's largest area of safe data flows http://europa.eu/rapid/press-release_IP-19-421_en.htm
European Commission: Adequacy of the protection of personal data in non-EU countries https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/adequacy-protection-personal-data-non-eu-countries_en
European Commission: Remarks by Commissioner Věra Jourová and Commissioner Dimitris Avramopoulos on the occasion of the adoption of the adequacy decision on Japan http://europa.eu/rapid/press-release_SPEECH-19-641_en.htm
European Commission: Joint Statement by Věra Jourová, Commissioner for Justice, Consumers and Gender Equality and Haruhi Kumazawa, Commissioner of the Personal Information Protection Commission of Japan [23 Januaey 2019] http://europa.eu/rapid/press-release_STATEMENT-19-621_en.htm

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