European Union: Issued European Data Protection Supervisor opinion on Proposal for Council Decision on the conclusion of EU-Japan agreement on cross-border data flows

On 10 January 2024, the European Data Protection Supervisor (EDPS) issued its opinion regarding the proposal for the Council decision on the conclusion of the European Union (EU) and Japan's agreement on cross-border data flows. In the opinion 3/2024, the EDPS explains its role in safeguarding data protection and privacy rights in the EU and its involvement in assessing legislative proposals and agreements concerning data protection. In addition, the EDPS expresses concerns about the Protocol's differences from the horizontal provisions on cross-border data flows and personal data protection in trade negotiations. Thus, the EDPS recommends providing detailed reasons for negotiations despite the existing adequacy decision, amending the Protocol to clarify that each party may adopt and maintain safeguards for data protection, ensuring its consistency with EU data protection law to prevent legal uncertainty, and adding provisions for regulatory dialogue and cooperation on digital trade.