International data flows: Commission launches the adoption of its adequacy decision on Japan

Jourova 2018 Schinas

Press conference of Vĕra Jourová, Member of the EC, on the data protection adequacy decision between the European Union and Japan. © European Union , 2018 / Source: EC – Audiovisual Service.

This article is brought to you in association with the European Commission.

Following the conclusion of the EU-Japan talks on personal data protection in July 2018, the Commission launched today the procedure for the adoption of its adequacy decision.

Commissioner Jourová today briefed the College on the next steps and the Commission is publishing the draft adequacy decision and the related documents. This includes the additional safeguards that Japan will apply to EU personal data transferred to Japan, as well as commitments regarding access to personal data by Japanese public authorities for law enforcement and national security purposes, guaranteeing that their level of data protection is adequate to that of the EU’s. Japan is also going through a similar process to recognise the EU’s data protection framework.

Věra Jourová, Commissioner for Justice, Consumers and Gender Equality 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.”

Each side is now going through its internal procedures towards the final adoption of its reciprocal 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.

The key elements of the adequacy decision

To guarantee a level essentially equivalent to European standards, Japan has committed to implementing the following additional safeguards to protect personal data transferred to Japan, 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.
  • 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, ensuring that any such use of personal data would be limited to what is necessary and proportionate and subject to independent oversight and effective redress mechanisms.
  • 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.

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 as European companies will benefit fromfree data flows with this key commercial partner, as well as from privileged access to the 127 million Japanese consumers. The EU and Japan affirm that, in the digital era, promoting high privacy and personal data protection standards and facilitating international trade must and can go hand in hand.

Next steps

The draft adequacy decision will now go through the following procedure:

  • Opinion from the European Data Protection Board (EDPB)
  • Consultation of a committee composed of representatives of the Member States (comitology procedure)
  • Update of the European Parliament Committee on Civil Liberties, Justice and Home Affairs
  • Adoption of the adequacy decision by the College of Commissioners.

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.

On 17 July 2018, the EU and Japan successfully concluded their talks on reciprocal adequacy. They agreed to recognise each other’s data protection systems as adequate, which will allow personal data to be transferred safely between the EU and Japan.

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

Advertising

the sting Milestone

Featured Stings

Can we feed everyone without unleashing disaster? Read on

These campaigners want to give a quarter of the UK back to nature

How to build a more resilient and inclusive global system

Stopping antimicrobial resistance would cost just USD 2 per person a year

Girls hold the key to Zambia’s future

UN chief extends condolences to families of China landslide casualties

‘Pioneering’ former Chilean President Michelle Bachelet officially appointed new UN human rights chief

European Innovation Scoreboard 2018: Europe must deepen its innovation edge

Will Brexit shatter the EU or is it still too early to predict?

The EU heads of State and Government about the result of the European Elections 2019

Cancer research put at risk by General Data Protection Regulation? The possible dangers of a data privacy EU mania

This woman solved one of the biggest problems facing green energy

The next Google in biotech: will it be Chinese?

UN chief condemns air strike that hit school bus in northern Yemen, killing scores of children

‘Essential step’ towards universal health care made at pivotal UN conference

Monday’s Daily Brief: global homicide figures, neo-Nazi recruitment, Kashmir, and migrants’ plight in USA

Here are 6 big ideas to help the environment

The European Commission, European Investment Bank and Breakthrough Energy Ventures establish a new €100 million fund to support clean energy investments

‘Regional security and integration’ in Central Africa under threat, Security Council warned

Commission goes less than mid-way on expensive euro

United States: UN human rights office welcomes California moratorium on death penalty

COP21 Breaking News_09 December: The Draft Agreement Updated

Here are what UNESCO considers to be remarkable new World Heritage Sites

Illegal fishing: EU lifts Taiwan’s yellow card following reforms

Brexit: the Withdrawal Agreement passes the first European Parliament test

France and Germany can’t reach consensus regarding EU’s top jobs

EU Summit’s major takeaway: a handkerchief cannot save Greece from austerity

Inflation and interest rates indicate urgent need for action

Why the Fourth Industrial Revolution needs more arts graduates

Q&A on the 19th China-EU Summit to be held on 01-02 June 2017 in Brussels

Concern rising over fate of Rohingya refugees sent home by India: UNHCR

European Commission launches EU-wide public consultation on Europe’s Beating Cancer Plan

Over 40 million people still victims of slavery

YOUTH WILL BE A KEY FOCUS IN THE NEXT EUROPEAN PARLIAMENT

Greece will probably stay in the Eurozone but at what cost?

This is the hidden connection between smuggling and climate change

Draghi: ECB to flood Eurozone and the world with more zero cost money; risk of drowning in cash

Independent UN rights experts call for ‘immediate investigation’ into alleged Bezos phone hack by Saudi Arabia

Norway is returning Easter Island artefacts to Chile (Will Britain ever return the marbles to Greece?)

Get out, stay out: how financial resilience helps end poverty

China is a renewable energy champion. But it’s time for a new approach

Global Citizen-Volunteer Internships

6 innovative technologies about to transform our infrastructure

Million across Yemen ‘just a step away from famine’, with food available but inaccessible

The ITU Telecom World on 14-17 November in Bangkok, Thailand

Inegalitarian taxation on labour haunts Europe’s social model

How personalized care can tackle the late-life loneliness epidemic

Security Council urges countries to factor child protection into conflict prevention efforts

The experience economy is booming, but it must benefit everyone

How do we build an ethical framework for the Fourth Industrial Revolution?

Croatian Presidency outlines priorities to EP committees

UN mission in DR Congo appeals for calm as violent protests continue

6 things to know about coronavirus today, 1 April

Opening – Parliament expresses support for victims of Fuego volcano in Guatemala

The digital skills gap is widening fast. Here’s how to bridge it

Afghanistan: UN envoy urges further extension of ceasefire with Taliban, as Eid ul-Fitr gets underway

UN chief praises Japanese climate resilience, as Typhoon Hagibis cleanup begins

Ethiopian Prime Minister Abiy Ahmed wins Nobel Peace Prize

Help African farmers cope with climate change threats, UN food agency urges

Millions more migrant workers, means countries lose ‘most productive part’ of workforce

Ebola emergency chief decries new attacks on frontline staff, after DR Congo worker death

Mozambique cyclones a ‘wake-up call’ to boost resistance: UN weather agency

Italian voters put again the European Peoples in the Brussels picture

Italy’s Letta: A European Banking Union soon or Eurozone collapses

More Stings?

Speak your Mind Here

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s