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
Reported requirement for local contact in .JP domain registration
It is reported that the ".JP" domain name registration framework stipulates the necessity of a local contact address.
Coverage Horizontal
JAPAN
Since June 1976
Since May 2000
Since May 2021
Since May 2000
Since May 2021
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Act on Specified Commercial Transactions - Act No. 57 of 1976 (特定商取引に関する法律 - 昭和五十一年法律第五十七号)
Consumer Contract Act - Act No. 61 of 2000 (消費者契約法 - 平成十二年法律第六十一号)
Act on the Protection of Consumers Who Use Digital Platforms for Shopping - Act No. 32 of 2021 (取引デジタルプラットフォームを利用する消費者の利益の保護に関する法律 - 令和三年法律第三十二号)
Consumer Contract Act - Act No. 61 of 2000 (消費者契約法 - 平成十二年法律第六十一号)
Act on the Protection of Consumers Who Use Digital Platforms for Shopping - Act No. 32 of 2021 (取引デジタルプラットフォームを利用する消費者の利益の保護に関する法律 - 令和三年法律第三十二号)
The "Act on Specified Commercial Transactions", the "Consumer Contract Act", the "Act on the Protection of Consumers Who Use Digital Platforms for Shopping", together with several other statutes, establish a comprehensive framework for consumer protection that extends to online transactions.
Coverage Horizontal
Sources
- https://web.archive.org/web/20260305171201/https://www.japaneselawtranslation.go.jp/en/laws/view/3340/en
- https://web.archive.org/web/20260305173111/https://www.japaneselawtranslation.go.jp/en/laws/view/3578/en
- https://web.archive.org/web/20260305173226/https://www.japaneselawtranslation.go.jp/en/laws/view/4310/en
- https://unctad.org/page/cyberlaw-tracker-country-detail?country=jp
- https://www.mondaq.com/fin-tech/1488446/digital-business-laws-and-regulations-japan-2024
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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
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)
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)
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
Since April 2006
Pillar Intermediary liability |
Indicator 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 April 2022
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Import ban applied on ICT goods or online services
Revision of the Ministry of Economy, Trade and Industry's Public Notice based on the Foreign Exchange and Foreign Trade Act (Prohibition of import of some goods from Russia) (外国為替及び外国貿易法に基づく経済産業省告示の改正について (ロシアからの一部物品の輸入禁止措置))
Japan has introduced import restrictions on certain goods from Russia under the Foreign Exchange and Foreign Trade Act. The Ministry of Economy, Trade and Industry has amended its public notice, based on Art. 52 of the Foreign Exchange and Foreign Trade Act and Art. 3 of the Import Trade Control Order. This amendment subjects the import ban to approval under Art. 4 of the same Order. The items affected by this approval procedure include automatic data-processing machines and related units (HS 84.71), as well as parts and accessories for office machines like computers and printers (HS 84.73), among others.
Coverage Automatic data-processing machines and units thereof (e.g., computers) (HS 84.71); Parts and accessories for office machines like computers, printers, etc. (HS 84.73)
Sources
- https://web.archive.org/web/20231218191715/https://www.meti.go.jp/policy/external_economy/trade_control/01_seido/04_seisai/downloadCrimea/20220412press_russia.pdf
- https://web.archive.org/web/20240301154048/https://www.meti.go.jp/policy/external_economy/trade_control/01_seido/04_seisai/downloadCrimea/20220412sanko.pdf
- https://web.archive.org/web/20231208201329/https://www.mofa.go.jp/erp/c_see/ua/page3e_001171.html
- https://web.archive.org/web/20240222142046/https://www.ashurst.com/en/insights/japan-sanctions/
- https://web.archive.org/web/20231216124014/https://www.meti.go.jp/english/policy/external_economy/trade_control/pdf/230912_overview.pdf
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JAPAN
Since December 1949, as amended in April 2022, last amended in December 2023
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Export restrictions on ICT goods or online services
Cabinet Order on Export Trade Control (Cabinet Order No. 378 of 1949)
As amended in April 2022, under Art. 2.4 of the Cabinet Order on Export Trade Control, anyone wishing to export goods listed in Table 2-3 to Russia must obtain approval from the Minister of Economy, Trade and Industry, following the procedures established by the Ministry's Order. Table 2-3 includes several ICT goods, such as computers and their accessories, communication devices, cryptographic equipment, integrated circuits, semiconductor devices, electronic test equipment, analogue and digital recording devices, oscilloscopes, and components for microwave and millimetre wave equipment.
Coverage ICT goods including communication devices, cryptographic equipment, integrated circuits, semiconductor devices
Sources
- https://web.archive.org/web/20241111203650/https://www.japaneselawtranslation.go.jp/en/laws/view/4602/en
- https://web.archive.org/web/20230314222920/https://www.meti.go.jp/policy/external_economy/trade_control/01_seido/04_seisai/downloadCrimea/20220412press_russia.pdf
- https://web.archive.org/web/20231208201329/https://www.mofa.go.jp/erp/c_see/ua/page3e_001171.html
- https://web.archive.org/web/20240222142046/https://www.ashurst.com/en/insights/japan-sanctions/
- https://web.archive.org/web/20231216124014/https://www.meti.go.jp/english/policy/external_economy/trade_control/pdf/230912_overview.pdf
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JAPAN
Since May 2003, as amended in September 2015, last amended in April 2022
Pillar Cross-border data policies |
Indicator Conditional flow regime
Act on the Protection of Personal Information - Act No. 57 of 2003 (個人情報の保護に関する法律 - 平成十五年法律第五十七号)
Under Art. 28 of the Act on the Protection of Personal Information, the transfer of personal data to a third party in a foreign jurisdiction generally requires the explicit consent of the data subject. This requirement does not apply, however, in certain cases. One such case is where the recipient is located in a country or region designated by the Personal Information Protection Commission (PPC) as having a data protection regime that provides a level of protection equivalent to that of Japan, particularly in relation to individual rights and interests. At present, only member states of the European Economic Area (EEA) and the United Kingdom have received such designation. Another exception applies where the recipient has implemented a data protection framework that meets the standards prescribed by the PPC. Certification under the APEC Cross-Border Privacy Rules (CBPR) System, held either by the data sender or the recipient, may serve as evidence of such compliance.
Coverage Horizontal
Sources
- https://web.archive.org/web/20250813220141/https://www.japaneselawtranslation.go.jp/en/laws/view/4241/en
- https://web.archive.org/web/20250813231747/https://www.wto.org/library/events/event_resources/ecom_0805202510/779_2422.pdf
- https://web.archive.org/web/20250813220310/https://practiceguides.chambers.com/practice-guides/comparison/932/15606/24360-24367-24371-24376-24381
- https://web.archive.org/web/20250813233016/https://digitalpolicyalert.org/event/10641-adopted-amendment-of-the-act-on-the-protection-of-personal-information-appi-introducing-cross-border-data-transfer...
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JAPAN
Signed in March 2018, entry into force in December 2018
Signed in October 2019, entry into force in January 2020
Signed in October 2020, entry into force in January 2021
Signed in July 2018, as amended in January 2024, entry into force in July 2024
Signed in October 2019, entry into force in January 2020
Signed in October 2020, entry into force in January 2021
Signed in July 2018, as amended in January 2024, entry into force in July 2024
Pillar Cross-border data policies |
Indicator Participation in trade agreements committing to open cross-border data flows
Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP)
Agreement Between The United States of America and Japan Concerning Digital Trade
Agreement between the United Kingdom of Great Britain and Northern Ireland and Japan for a Comprehensive Economic Partnership
Agreement between the European Union and Japan for an Economic Partnership
Agreement Between The United States of America and Japan Concerning Digital Trade
Agreement between the United Kingdom of Great Britain and Northern Ireland and Japan for a Comprehensive Economic Partnership
Agreement between the European Union and Japan for an Economic Partnership
Japan has joined agreements with binding commitments to open transfers of data across borders. These include: the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP, Art. 14.11), the Agreement Between The United States Of America And Japan Concerning Digital Trade (Art. 11), the Agreement between the United Kingdom of Great Britain and Northern Ireland and Japan for a Comprehensive Economic Partnership (Art 8.84), and the Agreement between the European Union and Japan for an Economic Partnership (Art. 8.81).
Coverage Horizontal
Sources
- https://web.archive.org/web/20241213123802/https://www.unilu.ch/fileadmin/fakultaeten/rf/burri/TAPED/TAPED_Burri_Vasquez_Kugler_November_2024.xlsx
- https://web.archive.org/web/20260617212104/https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:02018A1227(01)-20240514
- https://depository.asean-deal.org/agreement-docs/CPTPP_full_text_of_agreement.pdf
- https://ustr.gov/sites/default/files/files/agreements/japan/Agreement_between_the_United_States_and_Japan_concerning_Digital_Trade.pdf
- https://www.mofa.go.jp/files/100111408.pdf
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JAPAN
Since May 2003, entry into force in April 2005, last amended in April 2022
Pillar Domestic data policies |
Indicator Framework for data protection
Act on the Protection of Personal Information - Act No. 57 of 2003 (個人情報の保護に関する法律 - 平成十五年法律第五十七号)
The Act on the Protection of Personal Information provides a comprehensive regime of data protection in Japan.
Coverage Horizontal
JAPAN
Since December 1984
Pillar Telecom infrastructure & competition |
Indicator Maximum foreign equity share for investment in the telecommunication sector
Act on Nippon Telegraph and Telephone Corporation, etc. - Act No. 85 of 1984 (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八十五号)
Ar. 4.1 of the "Act on Nippon Telegraph and Telephone Corporation, etc." stipulates that the government must at all times hold more than one‑third of the total number of issued shares in the telecommunications company Nippon Telegraph and Telephone (NTT).
Coverage Telecommunications sector
JAPAN
Since December 1984
Pillar Telecom infrastructure & competition |
Indicator Presence of shares owned by the government in telecom companies
Act on Nippon Telegraph and Telephone Corporation, etc. - Act No. 85 of 1984 (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八十五号)
It is reported that the government holds one-third of the shares in the telecommunications company Nippon Telegraph and Telephone (NTT), as envisioned in Art. 4.1. of the "Act on Nippon Telegraph and Telephone Corporation, etc.", which requires the government to retain more than one‑third of the company’s issued shares at all times.
Coverage Telecommunications sector
JAPAN
N/A
Pillar Telecom infrastructure & competition |
Indicator 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
