Mutual EU-Japan adequacy decision now in force



The adequacy framework for the transfer of personal data between Japan and the European Union, the first on a mutual basis, has been adopted and applies to both sides as of today, 23 January 2019.

Haruhi Kumazawa, Personal Information Protection Commissioner, Japan and EU Commissioner Věra Jourová welcome the adoption. With this mutual adequacy arrangement, Japan and the EU reaffirm their commitment to shared values in the field of privacy, and to strengthen their cooperation in shaping global standards based on a high level of protection of personal data, they say in a statement.

She continued, clearly referring to future adequacy negotiations with other countries: “This adequacy decision creates the world's largest area of safe data flows. Europeans' data will benefit from high privacy standards when their data is transferred to Japan. Our companies will also benefit from a privileged access to a 127 million consumers' market. Investing in privacy pays off; this arrangement will serve as an example for future partnerships in this key area and help setting global standards.”

A joint review will be carried out after two years to assess the functioning of the framework. “This will cover all aspects of the adequacy finding, including the application of the Supplementary Rules and the assurances for government access to data. The Representatives of [the] European Data Protection Board will participate in the review regarding access to data for law enforcement and national security purposes. Subsequently a review will take place at least every four years,” the EU Commission says.

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