Japan’s Strategic Response to the Conflicts Arising from the Extraterritorial Application of U.S. Discovery and Data Localization Measures in Foreign Jurisdictions

Abstract

　Data localization measures and cross-border data transfer regulations have been tightened in various countries, causing conflicts with the extraterritorial application of U.S. discovery laws. Recently, issues of cross-border data disclosure in judicial proceedings have been discussed in regional trade agreements on electronic commerce. As a proponent of the Data Free Flow with Trust (DFFT) and co-convener of the Joint Statement Initiative (JSI) at the WTO, Japan must present proposals for cross-border data flows that are acceptable to other countries. Japan should advance its domestic information legislation to facilitate cross-border evidence collection and propose an effective “Japan Model” that incorporates clear fundamental principles at international forums. This aims to limit data localization measures in other countries and establish a framework to reasonably restrict the extraterritorial application of U.S. discovery, striving for an international consensus on cross-border data flows.