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.

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Photo of Anna Sophia Oberschelp de Meneses Anna Sophia Oberschelp de Meneses

Anna Sophia Oberschelp de Meneses advises on EU data protection, cybersecurity, and consumer law. Her practice covers the full range of Europe’s digital regulatory framework, including GDPR, ePrivacy, NIS2, the Cyber Resilience Act, the AI Act, the Digital Services Act, the Data Act…

Anna Sophia Oberschelp de Meneses advises on EU data protection, cybersecurity, and consumer law. Her practice covers the full range of Europe’s digital regulatory framework, including GDPR, ePrivacy, NIS2, the Cyber Resilience Act, the AI Act, the Digital Services Act, the Data Act, the European Health Data Space, and EU consumer protection law, including product safety, product liability, and consumer rights legislation. She focuses on the operational side of compliance — helping clients design policies and processes, draft documentation, and build the internal frameworks needed to meet regulatory requirements in practice.

She also advises on contentious matters, drawing on experience managing investigations before national regulators and proceedings before national courts and the Court of Justice of the European Union. She works closely with Covington’s disputes teams on matters at the intersection of regulatory compliance and litigation.