On July 17, 2018, the European Commission successfully concluded negotiations with Japan on a reciprocal adequacy finding which will allow personal data to flow freely from the EU to Japan (and vice versa).

The adequacy decision has not yet been formally adopted, as it must still undergo the respective EU and Japanese approval procedures, which the EU and Japan expect to complete by fall 2018.  During that period, Japan is expected to implement additional safeguards required in order to meet EU data protection standards (e.g., for onward transfers).

The conclusion of the negotiations follow Japan’s recent modernization of its data protection legislation which increased the convergence between the two systems. By agreeing on a reciprocal adequacy decision, the European Commission (representing the EU) and Japan acknowledge each other’s data protection laws to “adequately” protect personal data.  Once the adequacy decision is adopted, data can flow safely between the EU and Japan without the need to adopt additional safeguards (e.g., standard contractual clauses). The adequacy decision is expected to strengthen trade and economic relations between the EU and Japan.

Photo of Anna Oberschelp de Meneses Anna Oberschelp de Meneses

Anna Sophia Oberschelp de Meneses is an associate in the Data Privacy and Cybersecurity Practice Group.  Anna is a qualified Portuguese lawyer, but is both a native Portuguese and German speaker.  Anna advises companies on European data protection law and helps clients coordinate…

Anna Sophia Oberschelp de Meneses is an associate in the Data Privacy and Cybersecurity Practice Group.  Anna is a qualified Portuguese lawyer, but is both a native Portuguese and German speaker.  Anna advises companies on European data protection law and helps clients coordinate international data protection law projects.  She has obtained a certificate for “corporate data protection officer” by the German Association for Data Protection and Data Security (“Gesellschaft für Datenschutz und Datensicherheit e.V.”). She is also Certified Information Privacy Professional Europe (CIPPE/EU) by the International Association of Privacy Professionals (IAPP).  Anna also advises companies in the field of EU consumer law and has been closely tracking the developments in this area.  Her extensive language skills allow her to monitor developments and help clients tackle EU Data Privacy, Cybersecurity and Consumer Law issues in various EU and ROW jurisdictions.