Data Regulation

This chapter provides an introduction and overview of the international rules for online platform operators, focusing on recent developments in the EU and the debate surrounding data transfer and distribution. The EU’s social and economic digitization policy can be divided into three periods. As for the Online Intermediation Services Regulation, it does not directly cover data transfer and distribution, but it is a major pillar of the EU’s online platform regulation; the content of the P2B Regulation focuses on the obligations of online intermediation services; and the EU Data Strategy is a report titled “European Strategy for Data,” which outlines how the EU aims to develop and realize artificial intelligence and new businesses, strengthen the EU’s international competitiveness, and reduce its environmental footprint by building institutions and fora for sharing industrial and administrative data of European companies. It is vital that the discussion on data transfer and distribution in Japan be designed from the perspective of facilitating trade and distribution of data, with respect to data transfer and distribution. On the other hand, big data-related service providers are making voluntary efforts to address this issue. Discussion points regarding data transfer and distribution include (1) the scope of target service providers, (2) the scope of target services, (3) the scope of target users, (4) the content of data transfer and disclosure rules, and (5) the approach to realize transfer and distribution. This chapter focuses on the need for and purpose of data transfer and disclosure rules. The relationship between the depositor who provides data and the receiver who analyzes the data is considered consistent with the concept of information fiduciary, or “the framework of a trust relationship in which a user entrusts his or her information to a partner.” Also, with respect to the applicability of the information fiduciary theory, the position and information asymmetry between end users and online platform operators, end users’ dependence on online platform operators, the expertise of online platform operators, and the importance of trust in the online platform operator, are mentioned. This concept of information fiduciary is increasingly being applied to laws, such as the New York State privacy bill.