European Commission adopts adequacy decision on Japan
The European Commission adopted an adequacy decision for Japan on the 23rd of January 2019, enabling data flows to take place freely and safely. The exchange of personal data is based on strong safeguards that Japan has put in place in advance of the adequacy decision to ensure that the transfer of data complies with EU standards.
The additional safeguards include:
– A set of rules (Supplementary Rules), which will cover the differences between the two data protection systems. This should strengthen the protection of sensitive data, the exercise of personal rights and the conditions under which EU data can be further transferred to another third country. These additional rules are binding in particular on Japanese companies importing data from the EU. They can also be enforced by the independent Japanese data protection authority (PPC) as well as by courts.
– Also, safeguards have been established concerning access by Japanese authorities for law enforcement and national security purposes. In this regard, the Japanese Government has given assurances to the Commission and has ensured that the use of personal data is limited to what is necessary and proportionate and is subject to independent supervision and redress.
– A complaint handling mechanism to investigate and resolve complaints from Europeans regarding Japanese authorities’ access to their data. This new mechanism will be managed and monitored by Japan’s independent data protection authority.
The adequacy decision has been in force since 23rd of January 2019. After two years, the functioning of the framework will be reviewed for the first time. The subsequent reviews will take place at least every four years.
The adequacy decision also complements the EU-Japan Economic Partnership Agreement, which will enter into force in February 2019. European companies will benefit from free data flows as well as privileged access to the 127 million Japanese consumers.
