The adequacy decision on Japan was both adopted by the European Commission and entered into force on 23 January 2019, thus creating the world’s largest area of safe data flows.

To guarantee that data transferred from the European Union to Japan enjoy protection guaranties in conformity with European standards, Japan put in place place additional safeguards, including:

  • A set of rules to reduce several differences between the two data protection systems (the “Supplementary Rules“);
  • Safeguards concerning the access of Japanese public authorities to personal data for criminal law enforcement and national security purposes; and
  • A complaint-handling mechanism.

This decision also complements the EU-Japan Partnership Agreement which will enter into force in February of 2019.

The next step will be to evaluate the functionning of the framework after two (2) years, by means of an examination of all aspects of the adequacy decision, particularly as it relates to the application of the Supplementary Rules. Subsequently, the review will take place at least every four (4) years.

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