On Wednesday 5 September, the College of Commissioners approved the launch of the procedure for adopting the adequacy decision for data protection with Japan.
It should be recalled that the conclusion of negotiations between the EU and Japan on the transfer of personal data had been announced at the end of July, just before the signing of the strategic partnership and economic partnership agreements in Tokyo (see EUROPE 12064).
The agreement concluded will create “the biggest area of free and safe flow of data ever created”. During a press conference, the European Commissioner for Justice, Věra Jourová, explained that the agreement calls for the mutual recognition of an equivalent level of data protection by the EU and Japan. The two parties are committed to completing the internal procedures for the adoption of the adequacy finding by the end of the year. The Commissioner believes that this timetable is expected to be respected.
The Commission believes this will involve obtaining the opinion of the European Data Protection Board (EDPB), the green light of the EU member state representatives and informing the European Parliament ahead of the formal adoption by the Commission.
The Commission seeking new agreements
Following straight on from the Communication of January 2017 (see EUROPE 11700), the European Commission would like to increase the number of personal data transfer agreements with third countries.
According to one European official, a certain level of convergence is taking shape throughout the world in the area of data protection, which is creating a “new generation of adequacy decision”.
Commissioner Jourová stated “We are delighted that in India we are also now talking about an Indian GDPR”.
The forthcoming framework involves the conclusion of negotiations with South Korea, which began in November 2017 (see EUROPE 12035). The two parties will meet at the end of October during a summit where they are expected to announce their determination to finalise discussions by the end of 2018.
The Commission is also expected to launch discussions with certain Latin American countries, such as Brazil, very soon.
And what about the ‘Privacy Shield’ ?
Before concluding new agreements, it is necessary, first of all, to ensure that the old agreements are functioning.
Ms Jourová did not hesitate in tackling the difficult question of the transatlantic data protection mechanism, the Privacy Shield, which has been languishing for several months now and its suspension has been called for by the European Parliament (see EUROPE 12087).
Given the European Parliament's concerns, the Commissioner provided assurances that the Commission would closely monitor the nomination of a permanent independent mediator. She explained “Now we recently received the information that there will be another acting ombudsperson (…) and soon we will see the sustainable solution I hope”.
The Commissioner concluded “If our requirements are not met on the American side, we could take an action but I don’t want to predict any results yet”. (Original version in French by Marion Fontana)