Testing restrictions on onward transfers of EU personal data against free data flow obligations in the CPTPP and US-Japan Digital Trade Agreement

This report analyses whether and to what extent restrictions on onward transfers of EU personal data from Japan to the parties of the CPTPP or to the U.S. could violate the CPTPP or UJSDTA, and if so, whether they can be justified based on the exceptions these agreements contain. The report concludes that restrictions on onward transfers of personal data from Japan are likely to fall into the scope of the Free Data Flow Provisions in both CPTPP and USJDTA and to run afoul of the obligation it contains to ensure free flow of information, including personal data. Violation of these provisions per se is not necessarily a problem insofar as it can be justified under the exception included in Free Data Flow Provisions in both trade agreements.