Bloomberg Law: Privacy & Data Security brings you single-source access to the expertise of Bloomberg Law’s privacy and data security editorial team, contributing practitioners,...
The European Union and Japan have announced they are aiming to officially approve in early 2018 each other’s privacy regimes as being adequate to protect the privacy of personal data.
A mutual adequacy finding would be a boon to Japan-based companies as Toyota Motor Corp. and Sumitomo Mitsui Banking Corp. because an EU privacy adequacy approval allows companies in non-EU countries to more easily transfer personal data from the EU. It would also help EU companies doing business in Japan to more easily transfer personal data from Japan.
EU Justice Commissioner Vera Jourova and Japan’s Data Protection Commissioner Haruhi Kumazawa issued a joint statement July 4, saying the process is underway to allow a final adequacy ruling in early 2018. The reform of the EU’s privacy regime through the EU General Data Protection Regulation (GDPR), and recent amendments to Japan’s Personal Information Protection Act, have “increased the convergence” of their privacy protection laws, they said.
A “simultaneous finding of an adequate level of protection by both sides” would “facilitate smooth and mutual data flows,” the officials, who met in Brussels July 3, said.
Michio Moriwaki, digital innovation policy manager at the Japan Business Council in Europe, told Bloomberg BNA July 5 that, in general, such an adequacy decision would be “very good news.” But companies must await the details of any official adequacy determinations to be able to fully judge the situation, Moriwaki said. The Japan Business Council in Europe represents “almost 80 multinational companies of Japanese parentage operating in Europe,” according to the group’s website.
The EU GDPR was finalized in late 2015 and takes full effect May 25, 2018. The amendments to the Japanese privacy law went into effect May 30.
Both laws include:
The EU has so far adopted adequacy decisions for only a handful of countries: Andorra, Argentina, Canada, the Faroe Islands, Guernsey, Israel, the Isle of Man, Jersey, New Zealand, Switzerland, and Uruguay.
An EU official working with Jourova, who asked not to be identified by name, told Bloomberg BNA July 5 that the EU-Japan privacy adequacy talks are “going well” but are in early stages, so no further details are available.
The EU doesn’t recognize the U.S. as having an adequate privacy regime. However, it has said certain specific agreements—such as the EU-U.S. Privacy Shield framework to allow certain corporate data transfers to the U.S. and the U.S.-EU agreement to let law enforcement agencies share airline traveler information—are adequate.
To contact the reporter on this story: Stephen Gardner in Brussels at firstname.lastname@example.org
To contact the editor responsible for this story: Donald G. Aplin at email@example.com
Copyright © 2017 The Bureau of National Affairs, Inc. All Rights Reserved.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to firstname.lastname@example.org.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to email@example.com.
Put me on standing order
Notify me when new releases are available (no standing order will be created)