Japan and the European Union Confirmed the Agreement in principle on Negotiations Concerning Provisions on the “Free Flow of Data” under the Japan-EU EPA

1. Overview

Three ministers of Japan and the EU, namely Mr. Nishimura Yasutoshi, Minister of Economy, Trade and Industry, and Ms. KAMIKAWA Yoko, Minister for Foreign Affairs, of Japan, and H.E. Mr. Valdis Dombrovskis, Executive Vice President of the European Commission for an Economy that Works for People, and European Commissioner for Trade, met together on Saturday, October 28, 2023. They confirmed the agreement in principle on negotiations concerning provisions on the free flow of data under the Japan-EU EPA. In addition, they consented to accelerate the necessary procedures toward an early signing of the amendment to the Agreement.

The negotiations started in October 2022 under the provision (Article 8.81) stipulating that the need for inclusion of provisions on the "free flow of data" shall be reassessed within three years of the date of entry into force of the Japan-EU EPA in 2019.

2. Values of the provisions on the “free flow of data”

The provisions ensure the principle of free flow of data between Japan and the EU, and they ensure companies’ predictability by clearly prohibiting measures that would be barriers to data flow. The provisions also curb digital protectionist measures by countries other than Japan and the EU, while ensuring room for  appropriate policy measures in exceptional circumstances, taking into account the evolving nature of digital technologies and other factors.

These provisions will promote data flow between Japan and the EU and serve as a foundation for business facilitation in the huge digital market of about 600 million people in Japan and the EU in total, thereby contributing to strengthening economic ties between Japan and the EU as like-minded partners. Furthermore, the provisions will contribute to the realization of the Data Free Flow with Trust (DFFT) concept advocated by Japan as an example of advanced digital trade rules that strike a balance between “Free” and “Trust” to promote sound development of the digital sector.

Related Material

• Summary of the provisions on the free flow of data under the Japan-EU EPA(PDF:103KB)

Related Link

• METI Minister Nishimura Attends the 4th EU-Japan High Level Economic Dialogue

Division in Charge

Office for Digital Trade Rules, Trade Policy Bureau