The European Commission has the power to determine, on the basis of article 45 of GDPR whether a country outside the EU offers an adequate level of data protection. Such security is given either by the country’s domestic legislation or the international commitments it has entered into.
The effect of such an establishment is that personal data can flow from the EU to that third country without any further safeguard being necessary. Put differently, transfers to the country in question will be assimilated to intra-EU transmissions of data.
The European Commission adopted today an adequacy decision on Japan, creating the world’s largest area of safe data flows.
Věra Jourová, Commissioner for Justice, Consumers and Gender Equality said: “This adequacy decision creates the world’s largest area of safe data flows. Europeans’ data will benefit from high privacy standards when their data is transferred to Japan. Our companies will also benefit from a privileged access to a 127 million consumers’ market. Investing in privacy pays off; this arrangement will serve as an example for future partnerships in this key area and help setting global standards.”adequacy-japan-factsheet_en_2019_1