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JAPAN

Since 1998
Since 2002

Pillar Domestic data policies  |  Sub-pillar 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)
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).
Coverage E-commerce

JAPAN

Since November 2001, last amended in 2013

Pillar Intermediary liability  |  Sub-pillar 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)
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 May 1993, last amended in May 2020

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Effective protection covering trade secrets
Unfair Competition Prevention Law (Law No. 47 of 1993) (不正競争防止法(平成五年法律第四十七号)
The Unfair Competition Prevention Law (Law No. 47 of 1993) provides a framework for the effective protection of trade secrets. A ‘trade secret’ is defined in the law as a production method, sales method, or any other technical or operational information useful for business activities that are kept secret and are not publicly known (Art. 2). According to Art. 3 of the law, those businesses or persons whose business interests have been, or are threatened to be, infringed on by misappropriation or illegal disclosure shall have the right to seek an injunction. The Unfair Competition Prevention Act provides civil and criminal remedies in such cases where secret information about the company is stolen or disclosed illegally. To protect information according to the Act, companies need to manage such data as “trade secrets”.
Coverage Horizontal

JAPAN

Since November 2001, last amended in 2013

Pillar Intermediary liability  |  Sub-pillar 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)
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

JAPAN

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Passive infrastructure sharing obligation
Requirement of passive infrastructure sharing
It is reported that there is an obligation for passive infrastructure sharing in Japan to deliver telecom services to end users.
Coverage Telecommunications sector

JAPAN

Since April 2006

Pillar Intermediary liability  |  Sub-pillar User identity requirement
Act for the Prevention of Illegal Mobile Phone Use
Act for the Prevention of Illegal Mobile Phone Use requires mobile voice communication carriers to verify the identity of subscribers when a contract is terminated or transferred.
Coverage Mobile voice communication carriers

JAPAN

Since December 1975, last amended in July 2020

Pillar Telecom infrastructure & competition  |  Sub-pillar Maximum foreign equity share for investment in the telecommunication sector
Act on Nippon Telegraph and Telephone Corporation (Act No. 85 of 1984) (八十五号 日本電信電話株式会社等に関する法律 (昭和五十九年法律第)
According to Arts. 4-6 of the Act on Nippon Telegraph and Telephone Corporation (Act No. 85 of 1984), foreigners' aggregate ownership cannot exceed one-third of the aggregate voting rights of Nippon Telegraph and Telephone Corporation (NTT), which holds all the issued shares of NTT-East and NTT-West.
Coverage Telecommunications sector

JAPAN

Since December 1975, last amended in July 2020

Pillar Telecom infrastructure & competition  |  Sub-pillar Presence of shares owned by the government in telecom companies
Act on Nippon Telegraph and Telephone Corporation (Act No. 85 of 1984) (八十五号 日本電信電話株式会社等に関する法律 (昭和五十九年法律第)
Nippon Telegraph and Telephone Corporation (NTT) is incorporated under the Act on Nippon Telegraph and Telephone Corporation, etc. (Act No. 85 of 1984) (NTT Act). NTT, being the incumbent in the telecommunications industry, is partly owned by the Japanese government with 36% of its stock.
Coverage Telecommunications sector

JAPAN

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Functional/accounting separation for operators with significant market power
Requirement of accounting and functional separation for dominant network operators
It is reported that Japan mandates functional and accounting separation for operators with significant market power (SMP) in the telecom market.
Coverage Telecommunications sector

JAPAN

Reported in 2005, last reported in 2024

Pillar Telecom infrastructure & competition  |  Sub-pillar Other restrictions to operate in the telecom market
Radio Act (Act No. 131 of 1950) (電波法 (昭和二十五年法律第百三十一号))
Under the Radio Act (Act No. 131 of 1950), the allocation of the spectrum is at the discretion of the Ministry of Internal Affairs and Communication (MIC), based on consultation with the Radio Regulatory Council and consideration of plans submitted by the operators. The MIC's decision-making has been criticised as arbitrary and opaque. The Act was amended in May 2019 to adopt what is called a "partial auction system," whereby the MIC considers the amount of special fees submitted by the applicant based on their own valuation of the spectrum, although it is not a decisive element. In 2015, the MIC allocated spectrum appropriate for 4G to NTT DOCOMO, KDDI, and Softbank. In 2019, the 5G spectrum was allocated to NTT DOCOMO, KDDI, Softbank, and Rakuten Mobile.
It reported that "several current spectrum allocations create bands unique to Japan (e.g., for self-driving vehicles) that prevent foreign technologies from functioning in Japan."
Coverage Telecommunications sector

JAPAN

Since April 1994

Pillar Telecom infrastructure & competition  |  Sub-pillar Signature of the WTO Telecom Reference Paper
WTO Telecom Reference Paper
Japan has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector

JAPAN

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Presence of an independent telecom authority
Lack of an independent telecom authority
Japan has a telecommunications authority: The Ministry of Internal Affairs and Communications. However, it is reported that this entity's decision-making process is not fully independent of the government.
Coverage Telecommunications sector

JAPAN

Since 2020

Pillar Cross-border data policies  |  Sub-pillar Ban to transfer and local processing requirement
Guidelines on Security Management of Information System and Services Handling Medical Information (医療情報を取り扱う情報システム・サービスの 提供事業者にお る安全管理ガイドライン)
The Guidelines on Security Management of Information Systems and Services Handling Medical Information provide that information systems for the handling of medical data must be located in the territory of Japan so that in the event of an emergency, Japanese governmental authorities can enforce their power to collect information or issue administrative orders. Although this is not a mandatory requirement based on a specific law, it is reported that some medical institutions have requested that service providers maintain servers inside Japan to comply with these Guidelines.
Coverage Information systems for the handling of medical data

JAPAN

Since 2016, last amended in 2018

Pillar Cross-border data policies  |  Sub-pillar Ban to transfer and local processing requirement
Common Standards for Information Security Measures for Government Agencies and Related Agencies (政府機関等のサイバーセキュリティ対策のための統一基準群)
The National Center of Incident Readiness and Strategy for Cybersecurity (NISC) “Common Standards for Information Security Measures for Government Agencies” allows for government agencies to make use of systems that are "isolated" from the internet if necessary (Chapter 5.2.1). Information on the agencies affected is not readily available.
Coverage Public sector

JAPAN

Since December 1949, last amended in November 2021
Since October 1980, last amended in May 2020
Since May 2020, last amended in May 2023

Pillar Foreign Direct Investment in sectors relevant to digital trade  |  Sub-pillar Screening of investment and acquisitions
Foreign Exchange and Foreign Trade Act (Act No. 228 of 1949) (外国為替及び外国貿易法(昭和二十四年法律第二百二十八号))

Cabinet Order on Inward Direct Investment (対内直接投資等に関する政令(昭和五十五年政令第二百六十一号))

List of Classifications of Listed Companies regarding the Prior-notification Requirements on Inward Direct Investment (○本邦上場会社の外為法における対内直接投資等事前届出該当性リスト)
Japan has implemented foreign direct investment (FDI) screening mechanisms through the Foreign Exchange and Foreign Trade Act (Act No. 228 of 1949), supplemented by procedural regulations such as the Cabinet Order on Inward Direct Investment. Under this Act, foreign investors in "Designated Business Sectors" or "Core Business Sectors" are required to submit a prior notification to the relevant ministry. After reviewing the notification, the ministry may either approve, amend, or suspend the proposed investment.
According to the Cabinet Order on Inward Direct Investment, "Core Business Sectors" include industries where foreign investors (e.g., non-residents or foreign corporations) must file prior notification for direct investment, such as acquiring 1% or more of voting rights in a listed company or purchasing shares in an unlisted company. These sectors, considered highly sensitive, are generally not exempt from prior notification requirements due to national security concerns.
The List of Classifications of Listed Companies outlines core business sectors such as semiconductors and dual-use technologies, metal mining of significant mineral resources, cybersecurity-related services (e.g., network security monitoring and critical infrastructure protection), and telecommunications. Non-core business sectors include software, data processing services, and internet-use support businesses.
Coverage Horizontal

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