EU Japan Adequacy Decision

The Commission has adopted today its adequacy decision on Japan, allowing personal data to flow freely between the two economies on the basis of strong protection guarantees. This is the last step in the procedure launched in September 2018, which included the opinion of the European Data Protection Board (EDPB) and the agreement from a committee composed of representatives of the EU Member States. Japan’s equivalent decision also applies as of today.

Commissioner Věra Jourová highlighted that this creates the world’s largest area of safe data flows, benefiting both European data privacy and business access to Japan’s 127 million consumers. Japan implemented additional safeguards, including Supplementary Rules that will bridge several differences between the two data protection systems. These additional safeguards will strengthen: the protection of sensitive data, the exercise of individual rights and the conditions under which EU data can be further transferred from Japan to another third country. The Japanese government also gave assurances to the Commission regarding safeguards concerning the access of Japanese public authorities for criminal law enforcement and national security purposes.

The adequacy decision complements the EU-Japan Economic Partnership Agreement, enhancing data flow and trade relations. A joint review of the framework will occur in two years, followed by reviews every four years. This arrangement aligns with the EU’s strategy for international data flows and protection, as outlined in the Commission’s 2017 Communication on Exchanging and Protecting Personal Data in a Globalised World.