Tag: Japan
27. September 2022
From September 6th to September 9th, 2022 a meeting between representatives of the G7’s Data Protection Authorities was held in Bonn, Germany, to discuss current regulatory and technological issues concerning the concept of Data Flow with Free Trust (DFFT), a proposed guiding principle for international cooperation on data flows.
It aims at providing answers to several questions in order to create a safe global digital environment in which the protection of data flow is guaranteed. The most important question is: how to overcome the existing data flow barriers? It may seem difficult to introduce a harmonization between countries that have a completely different approach and regulations in regard to personal data protection. To answer this question, a bottom – up approach was adopted for the implementation of the DFFT: it is foreseen that high – level intragovernmental discussions that result in pragmatic rule – making will be held, in order to parallel the public/private relationship for the resolution of individual issues.
Scholars and experts seem to think that RegTech could prove a very useful help to the implementation of the DFFT. To tackle some of the issues that were found in the various discussions and that resulted from research, the World Economic Forum issued a white paper finding seven common success factors that define the best deployment of RegTech.
This concept, first proposed by Japan’s late Prime Minister Shinzo Abe in 2019, is now moving into the implementation phase, mainly concerning trade agreements including e – commerce. A milestone regarding this topic will probably be the next G7 Conference, which will be held in Japan in 2023. Kishida Fumio, the new Japanese Prime Minister, claimed his country’s initiative in the project, and pledged his commitment to the continuous development of the DFFT.
25. June 2021
On 16 June 2021, the European Commission published the draft adequacy decision for South Korea and transmitted it to the European Data Protection Board (EDPB) for consultation. Thus, the Commission launched the formal procedure towards the adoption of the adequacy decision. In 2017, the Commission announced to prioritise discussions on possible adequacy decisions with important trading partners in East and South-East Asia, starting with Japan and South Korea. The adequacy decision for Japan was already adopted in 2019.
In the past, the Commission diligently reviewed South Korea’s law and practices with regards to data protection. In the course of ongoing negotiations with South Korea, the investigative and enforcement powers of the Korean data protection supervisory authority “PIPC” were strengthened, among other things. After the EDPB has given its opinion, the adequacy decision will need to be approved by a committee composed of representatives of the EU Member States.
The decision of an adequate level of protection pursuant to Art. 45 of the General Data Protection Regulation (GDPR) by the Commission is one of the possibilities to transfer personal data from the EU to a third-country in a GDPR-compliant manner. The adequacy decision will serve as an important addition to the free trade agreement and a strengthening of cooperation between the EU and South Korea. Věra Jourová, the Commission’s Vice-President for Values and Transparency, expressed after launching the formal procedure:
“This agreement with the Republic of Korea will improve the protection of personal data for our citizens and support business in dynamic trade relations. It is also a sign of an increasing convergence of data protection legislation around the world. In the digitalised economy, free and safe data flows are not a luxury, but a necessity.”
Especially in light of the Schrems II decision of the Court of Justice of the European Union, the adequacy decision for South Korea will be an invaluable asset for European and South Korean companies conducting business with each other.
28. January 2019
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.
6. September 2018
The EU Commission has drafted the adequacy decision for Japan including next steps Japan has to undertake in order to ensure protection for the transfer of personal data from the EU to Japan. This includes additional safeguards Japan should apply, as well as commitments regarding access to personal data by Japanese public authorities.
Japan has committed to implement several safeguards that are necessary for the protection of the transfer of personal data before the actual adoption of the adequacy decision. These include,
- a set of rules providing additional safeguards for transferred personal data of EU individuals (addressing inter alia the topics protection of sensitive data and the further transfer of personal data from Japan to another third country),
- safeguards concerning the access to personal data by Japanese public authorities for criminal law enforcement and national security purposes,
- a complaint-handling mechanism for Europeans regarding the access of Japanese authorities to their personal data.
The Commissioner for Justice, Consumers and Gender Equality, Věra Jourová, said: “We are creating the world’s largest area of safe data flows. Personal data will be able to travel safely between the EU and Japan to the benefit of both our citizens and our economies. Our partnership will promote global standards for data protection and set an example for future partnerships in this key area.”
The next step in the adoption procedure of the adequacy decision is the European Data Protection Board (EDPB), which will be asked for his opinion.
