The European Union and Japan agreed to create the world’s largest area of safe data flows


Economia - pubblicata il 17 Luglio 2018


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Source: European Commission – Press release

Tokyo, 17 July 2018

The EU and Japan successfully concluded today their talks on reciprocal adequacy. They agreed to recognise each other’s data protection systems as ‘equivalent’, which will allow data to
flow safely between the EU and Japan.

Each side will now launch its relevant internal procedures for the adoption of its adequacy finding. For the EU, this involves 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. Once this procedure will have been completed, the Commission will adopt the
adequacy decision on Japan.

Věra Jourová, Commissioner for Justice, Consumers and Gender Equality: “Japan and EU are already strategic partners. Data is the fuel of global economy and this agreement
will allow for data to travel safely between us to the benefit of both our citizens and our economies. At the same time we reaffirm our commitment to shared values concerning the protection of
personal data. This is why I am fully confident that by working together, we can shape the global standards for data protection and show common leadership in this important area.”

This mutual adequacy arrangement will create the world’s largest area of safe transfers of data based on a high level of protection for personal data. Europeans will benefit from strong
protection of their personal data in line with EU privacy standards when their data is transferred to Japan. This arrangement will also complement the EU-Japan Economic Partnership Agreement, European companies will benefit from uninhibited flow of data with this key
commercial partner, as well as from privileged access to the 127 million Japanese consumers. With this agreement, the EU and Japan affirm that, in the digital era, promoting high privacy
standards and facilitating international trade go hand in hand. Under the GDPR, an adequacy decision is the most straightforward way to ensure secure and stable data flows.

The key elements of the adequacy decisions

The agreement found today foresees a mutual recognition of an equivalent level of data protection by the EU and Japan. Once adopted, this will cover personal data exchanged for commercial
purposes, but also personal data exchanged for law enforcement purposes between EU and Japanese authorities, ensuring that in all such exchanges a high level of data protection is applied.

To live up to European standards, Japan has committed to implementing the following additional safeguards to protect EU citizens’ personal data, before the Commission formally adopts its
adequacy decision:

A set of rules providing individuals in the EU whose personal data are transferred to Japan, with additional safeguards that will bridge several differences between the two data protection
systems. These additional safeguards will strengthen, for example, the protection of sensitive data, the conditions under which EU data can be further transferred from Japan to another third
country, the exercise of individual rights to access and rectification. These rules will be binding on Japanese companies importing data from the EU and enforceable by the Japanese independent
data protection authority (PPC) and courts.

A complaint-handling mechanism to investigate and resolve complaints from Europeans regarding access to their data by Japanese public authorities. This new mechanism will be administered and
supervised by the Japanese independent data protection authority.

Next steps

The Commission is planning on adopting the adequacy decision in autumn this year, following the usual procedure:

Approval of the draft adequacy decision by the College

Opinion from the European Data Protection Board (EDPB), followed by a comitology procedure

Update of the European Parliament Committee on Civil Liberties, Justice and Home Affairs

Adoption of the adequacy decision by the College

In parallel, Japan will finalise the adequacy finding on their side.

Background

As announced in January 2017 in its Communication on Exchanging and Protecting personal data in a globalised
world
, the Commission launched a dialogue with the aim of reaching an adequacy decision with Japan.

The processing of personal in the EU is based on the General Data Protection Regulation, which
provides for different tools to transfer data to third countries, including adequacy decisions.

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