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EU: EDPS publishes opinion on recommendation for provisions on EU-Japan data flows

The European Data Protection Supervisor ('EDPS') announced, on 12 August 2022, that it had issued, on 9 August 2022, its Opinion 17/2022 on the Recommendation for a Council Decision Authorising the Opening of Negotiations for the Inclusion of Provisions on Cross-Border Data Flows in the Agreement between the European Union and Japan for an Economic Partnership. In particular, the agreement aims at removing the vast majority of duties paid by EU and Japanese companies and other technical and regulatory trade barriers.

More specifically, the EDPS outlined that the negotiations would exclusively concern cross-border data flows and recommends why, despite the adequacy decision granted to Japan in January 2019, further negotiations on data flows are necessary. In line with this, the EDPS welcomed the specification that the provisions on cross-border data flows should be coherent with the horizontal provisions for cross-border data flows and personal data protection in trade negotiations. Moreover, the EDPS recommended that the negotiating directives should expressly clarify that the negotiated rules should not prevent the EU or Member States from adopting, in duly justified cases, measures that would require controllers or processors to store personal data in the EU/EEA.

You can read the opinion here.