KAZAKHSTAN
Since January 2016
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Law No. 434-V on Public Procurement (Заңы № 434-V ҚРЗ.Мемлекеттiк сатып алу туралы)
Art. 39.3 of the Law on Public Procurement states that the purchase of periodicals on electronic carriers and information provision services from international and/or foreign information organisations may be conducted through a single-source method. In this case, the government selects the supplier through an ad hoc decision rather than a tender process. This approach is permitted when a tender fails to result in the conclusion of a public procurement contract. However, decisions regarding single sourcing are reported to lack transparency and competitiveness, creating opportunities for corrupt practices where only companies familiar to the contracting authorities succeed.
Coverage Electronic carriers, information services
KAZAKHSTAN
Reported in 2019, last reported in 2020
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Complaints on public procurement
It has been reported that practical challenges exist in applying for public tenders, particularly due to the structure of Kazakhstan's e-procurement system. Additionally, there appears to be a concerted effort to promote local suppliers through public procurement. Furthermore, the requirement for foreign bidders to obtain a digital signature certificate is said to undermine the principle of open eligibility.
Coverage Horizontal
Sources
- https://web.archive.org/web/20241211135317/https://www.oecd-ilibrary.org/sites/c11183ae-en/1/2/1/index.html?itemId=/content/publication/c11183ae-en&_csp_=e3396f039b4c40f0a76c2ce0fe7d29a9&itemIGO=oecd&...
- https://web.archive.org/web/20211205140717/https://www.worldbank.org/en/news/press-release/2020/05/26/more-unified-approach-to-public-procurement-needed-to-boost-kazakhstans-economic-recovery
KAZAKHSTAN
N/A
Pillar Public procurement of ICT goods and online services |
Indicator Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Kazakhstan is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA). However, the country has been an observer of the WTO GPA since 2016.
Coverage Horizontal
JAPAN
Since 1950
Pillar Technical standards applied to ICT goods and online services |
Indicator Self-certification for product safety
Radio Act (Act No. 131 of 1950) (昭和二十五年法律第百三十一号 電波法)
The Radio Act (Act No. 131 of 1950) covers all products which utilise the radio spectrum and operate under 3 THz. Regarding most consumer-use equipment within its scope, the Radio Law divides products into three categories. Specified radio equipment requires a third-party assessment. High-frequency devices must be tested for compliance and registered by a local Japanese company before they can be placed on the market. Extremely low-power devices are not subject to mandatory approval requirements.
Coverage Radio equipment
JAPAN
Since December 1984, last amended in July 2003
Since January 2004
Since January 2004
Pillar Technical standards applied to ICT goods and online services |
Indicator Self-certification for product safety
Telecommunications Business Law No. 86 (昭和五十九年法律第八十六号 電気通信事業法)
Rules Regarding Accreditation of the Conformity of Terminal Equipment to Technical Requirements (Ordinance No. 15 of the Minister of Internal Affairs and Communication of 2004) (端末機器の技術基準適合認定等に関する規則 (平成十六年総務省令第十五号))
Rules Regarding Accreditation of the Conformity of Terminal Equipment to Technical Requirements (Ordinance No. 15 of the Minister of Internal Affairs and Communication of 2004) (端末機器の技術基準適合認定等に関する規則 (平成十六年総務省令第十五号))
The mandatory process of certification for telecommunications terminal equipment, according to the Japan Telecommunications Business Law, includes testing by a Ministry of Internal Affairs and Communications accredited lab. Telecommunications terminal equipment requires certification to connect to public network services in Japan. There are two ways to prove that telecom terminal equipment complies with the technical requirements according to the Rules Regarding Accreditation of the Conformity of Terminal Equipment to Technical Requirements (Ordinance No. 15 of the Minister of Internal Affairs and Communication of 2004):
- Accreditation of a single piece of equipment by conformity of terminal equipment to technical requirements (Art. 8);
- Type certification for mass-produced products (Art. 19).
- Accreditation of a single piece of equipment by conformity of terminal equipment to technical requirements (Art. 8);
- Type certification for mass-produced products (Art. 19).
Coverage Telecommunications terminal equipment
Sources
- https://web.archive.org/web/20190329172641/http://www.soumu.go.jp/main_sosiki/joho_tsusin/eng/Resources/laws/2001TBL.pdf
- https://web.archive.org/web/20230325181616/https://ctech.ul.com/en/services/global-market-access-gma/global-radio-type-approvals/
- https://web.archive.org/web/20211026022447/https://www.tuv.com/japan/en/telecommunication-and-radio-equipment-for-japan-market.html
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JAPAN
Since April 1910, last amended in April 2023
Pillar Online sales and transactions |
Indicator Threshold for ‘De Minimis’ rule
Customs Tariff Act (Act No. 54 of 1910) (関税定率法(明治四十三年法律第五十四号))
As stipulated in Art. 14.18 of the Customs Tariff Act, the imports of goods with a total customs value of JPY 10,000 (approx. USD 67) or less are exempt from customs duties. This amount is below the USD 200 threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal
JAPAN
N/A
Pillar Online sales and transactions |
Indicator Restrictions on domain names
General-Use JP Domain Names
It is reported that in order to apply for the domain name .jp, companies or individuals are required to have a permanent postal address in Japan. Second-level domains, such as co.jp, may be applied for by companies incorporated with official registration in Japan. Non-Japanese corporations registered in Japan as "Gaikoku Kaisha" (Foreign Company) may also apply for a "co.jp" domain name. To register a "co.jp" domain name, a company must be established in Japan. Foreign companies can meet this requirement by, for example, having a registered branch office.
Coverage Horizontal
JAPAN
Since February 2021
Since May 2000
Since May 2000
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Act on Improvement of Transparency and Fairness in Trading on Specified Digital Platforms (特定デジタルプラットフォームの透明性及び公正性の向上に関する法律)
Consumer Contract Act (消費者契約法)
Consumer Contract Act (消費者契約法)
The Act on Improvement of Transparency and Fairness in Trading on Specified Digital Platforms and the Consumer Contract Act provide a comprehensive framework for consumer protection that also applies to online transactions. The first was passed for the purpose of curbing digital platforms' imposition of unilateral changes to their terms of use and anti-competitive practices. The Act requires digital platform operators, which are designated by the Ministry of Economy, Trade and Industry (METI), to disclose terms and conditions for the use of their platforms, to take certain measures to promote mutual understanding of digital transactions and to file an annual report. It also applies to all operators of digital platforms that provide services to the Japanese market, regardless of where they are based. In addition, according to Art. 1 of the Consumer Contract Act, the aim it is to protect the interests of consumers and thereby contribute to the stabilisation and improvement of the general welfare and lives of the people and to the sound development of the national economy, in consideration of the disparity in the quality and quantity of information and negotiating power between consumers and traders.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240626065235/https://www.meti.go.jp/policy/mono_info_service/digitalplatform/pdf/master.pdf
- https://web.archive.org/web/20231001150256/https://www.omm.com/resources/alerts-and-publications/alerts/new-regulation-of-digital-platforms-in-japan/
- https://web.archive.org/web/20230328143356/https://www.ppc.go.jp/files/pdf/Act_on_the_Protection_of_Personal_Information.pdf
- https://web.archive.org/web/20240222205640/https://unctad.org/page/cyberlaw-tracker-country-detail?country=jp
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JAPAN
N/A
Pillar Online sales and transactions |
Indicator Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Japan has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
JAPAN
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Japan has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
JAPAN
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Japan has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal
JAPAN
Since 1961
Since 1971
Since 1971
Pillar Technical standards applied to ICT goods and online services |
Indicator Self-certification for product safety
Electrical Appliance and Material Safety Act (Act No. 234 of 1961) (昭和三十六年法律第二百三十四号電気用品安全法)
Consumer Product Safety Act (Act No. 31 of 1971) (昭和四十八年法律第三十一号消費生活用製品安全法)
Consumer Product Safety Act (Act No. 31 of 1971) (昭和四十八年法律第三十一号消費生活用製品安全法)
The type of conformity assessment procedure adopted is the Supplier's Declaration of Conformity (SDoC) type 2 - the supplier or manufacturer of the equipment declares the equipment meets the technical and administrative requirements on the basis of test reports by a testing laboratory recognised by the regulator. No registration of the equipment with the regulator is required. This mandatory requirement is limited to EMI for the products covered by the Electrical Appliance and Material Safety Law.
The Act divides electrical products into specified and non-specified products. While specified electrical products such as AC adapters and electric massagers require third-party assessment by a registered conformity assessment body (CAB), non-specified electrical products are subject to a self-declaration scheme for mandatory PSE marks.
Similarly, under the Consumer Product Safety Act (Act No. 31 of 1968), some electrical products classified as special specified products because of high risk to consumer safety require a third-party assessment by a registered CAB, while specified products with moderate risk to consumer safety are subject to self-declaration for PSC mark.
The Act divides electrical products into specified and non-specified products. While specified electrical products such as AC adapters and electric massagers require third-party assessment by a registered conformity assessment body (CAB), non-specified electrical products are subject to a self-declaration scheme for mandatory PSE marks.
Similarly, under the Consumer Product Safety Act (Act No. 31 of 1968), some electrical products classified as special specified products because of high risk to consumer safety require a third-party assessment by a registered CAB, while specified products with moderate risk to consumer safety are subject to self-declaration for PSC mark.
Coverage Electrical products
Sources
- https://web.archive.org/web/20231129090111/https://elaws.e-gov.go.jp/document?lawid=336AC0000000234#5
- https://elaws.e-gov.go.jp/document?lawid=348AC0000000031
- https://web.archive.org/web/20230124080217/https://www.meti.go.jp/policy/consumer/seian/denan/file/06_guide/denan_guide_ver3_en.pdf
- https://web.archive.org/web/20231205213028/https://www.jqa.jp/english/safety/service/mandatory/psc/
- https://web.archive.org/web/20130321203249/https://www.mofa.go.jp/region/europe/eu/electrical.pdf
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JAPAN
Since 1998
Since 2002
Since 2002
Pillar Domestic data policies |
Indicator Minimum period for data retention
Act on Special Provisions concerning Preservation Methods for Books and Documents Related to National Tax Prepared by Means of Computer (Act No. 25 of 1998) (電子計算機を使用して作成する国税関係帳簿書類の保存方法等の特例に関する法律 平成十年法律第二十五号)
Act on Regulation of the Transmission of Specified Electronic Mail (Act No. 26 of 2002) (特定電子メールの送信の適正化等に関する法律)
Act on Regulation of the Transmission of Specified Electronic Mail (Act No. 26 of 2002) (特定電子メールの送信の適正化等に関する法律)
A business operator must retain information for electronic transactions for seven years (Art. 10, Act on Special Provisions concerning Preservation Methods for Books and Documents Related to National Tax Prepared by Means of Computers (Act No. 25 of 1998).
A business operator who uses e-mail for advertising must preserve documents that evidence consent from receivers to send such email prior to the transmission (Art. 3.2), Act on Regulation of the Transmission of Specified Electronic Mail (Act No. 26 of 2002).
A business operator who uses e-mail for advertising must preserve documents that evidence consent from receivers to send such email prior to the transmission (Art. 3.2), Act on Regulation of the Transmission of Specified Electronic Mail (Act No. 26 of 2002).
Coverage E-commerce
JAPAN
Since November 2001, last amended in 2013
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for copyright infringement
Act on the Limitation of Liability for Damages of Specified Telecommunications Service Providers and the Right to Demand Disclosure of Identification Information of the Senders (Act No. 137 of 2001) (平成十三年法律第百三十七号
特定電気通信役務提供者の損害賠償責任の制限及び発信者情報の開示に関する法律)
特定電気通信役務提供者の損害賠償責任の制限及び発信者情報の開示に関する法律)
Japan's Act on the Limitation of Liability for Damages of Specified Telecommunications Service Providers and the Right to Demand Disclosure of Identification Information of the Senders establishes a safe harbour regime for intermediaries for copyright infringements. According to Art. 3 of the Act, no Internet service provider (ISP) may be held liable for failing to delete infringing content. Furthermore, the Act also shields ISPs from the liability for any damage caused by the deletion of content on its network if the ISP reasonably believes that the content infringes the intellectual property rights or privacy of others or if a third party alleges infringement and the content sender does not respond to the ISP's inquiry within seven days.
Coverage Internet Intermediaries
JAPAN
Since November 2001, last amended in 2013
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Act on the Limitation of Liability for Damages of Specified Telecommunications Service Providers and the Right to Demand Disclosure of Identification Information of the Senders (Act No. 137 of 2001) (平成十三年法律第百三十七号
特定電気通信役務提供者の損害賠償責任の制限及び発信者情報の開示に関する法律)
特定電気通信役務提供者の損害賠償責任の制限及び発信者情報の開示に関する法律)
Japan's Act on the Limitation of Liability for Damages of Specified Telecommunications Service Providers and the Right to Demand Disclosure of Identification Information of the Senders establishes a safe harbour regime for intermediaries beyond copyright infringements. According to Art. 3 of the Act, no Internet service provider (ISP) may be held liable for failing to delete infringing content. Furthermore, the Act also shields ISPs from the liability for any damage caused by the deletion of content on its network if the ISP reasonably believes that the content infringes the intellectual property rights or privacy of others or if a third party alleges infringement and the content sender does not respond to the ISP's inquiry within seven days.
Coverage Internet Intermediaries
