The European Commission adopted its adequacy decision for Japan on 23 January 2019, opening the doors for personal data to flow freely between the two major global economies.

By Fiona M. Maclean and Laura Holden

The Adequacy Decision

Following two years of dialogue between the European Union (EU) and Japan, the European Commission (EC) adopted its mutual adequacy decision (Decision) for Japan on 23 January 2019. As noted in the EC’s press release, the decision is effective immediately.

Japan now joins a list of select jurisdictions recognised as adequate by the EC, notably: Andorra, Argentina, Canada (for private entities only), Faeroe Islands, Guernsey, Israel, Isle of Man, Jersey, New Zealand, Switzerland, Uruguay, and the United States (EU-U.S. Privacy Shield). The Decision is the first of its kind adopted since the General Data Protection Regulation (GDPR) became applicable in May 2018.