Eu Japan Data Transfer Agreement
As has already been pointed out, the EU and Japan reached an interim agreement last summer to ease restrictions on data transmission between them. This agreement has been approved by both the European Commission and Japan and enters into force immediately. When the interim agreement was reached, Japan promised to add several new data protection guarantees. These include new individual rights and new restrictions on the continuation of transfers to third countries. Japan also agreed to restrict the government`s access to personal data and allow Europeans to complain about government access. Japan has just implemented these security measures. That is why the European Commission has decided that, in accordance with the EU`s General Data Protection Regulation, Japan will provide an adequate level of protection for personal data. This means that personal data can now be transferred freely between the EU and Japan. The decision will be reviewed jointly in two years and then every four years. This is the first adequacy decision under the RGPD. Sam Holt is a senior international engineer at AccessData and a compliance champion, writes articles on RGPD, ISO27001, PCI-DSS and writes privacy and IT policies to comply and comply. For more information, see www.accessdata.com.
The new EU-Japan data transfer agreement could serve as a model for other countries to conclude comprehensive data protection pacts with the EU to allow unfettered data flow. The time has come for companies to review their data management policies and procedures under the RGPD, which is greatly facilitated by the use of powerful software tools that can be used in these efforts. In practice, EU and Japanese companies can now, by adopting adequacy decisions, transfer data to each other without having to provide other guarantees or be subject to additional conditions. This means that the requirements of Article 46 of the RGPD, which imposes additional measures providing appropriate guarantees for international data transfer, no longer apply to data transfer between the EU and Japanese companies. Data transmission between the EU and Japan is equated with intra-AA data transmission. Reciprocal adequacy choices therefore allow companies to freely exchange their employees and customers without having to carry out work on paper. The European Commission and the Commission for the Protection of Personal Data in Japan have agreed on adequacy decisions on the transfer of personal data. This is an important development that allows companies to send personal data between the EEA and Japan without having to implement additional data transfer mechanisms. An official press release from the European Commission, which announced the approval of the agreement by both sides, welcomed the new agreement on data transfer between the EU and Japan for the creation of the „world`s largest safe data flow space”.
At the same time, Japan has recognised EU data protection legislation within the framework of Japan`s Commission for the Protection of Personal Data, thus concluding a mutual agreement for the first time. On 23 January 2019, the European Union (EU) adopted a decision on the free flow of sensitive data with Japan.