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 May 1970, last amended in January 2022
Pillar Intermediary liability |
Sub-pillar Monitoring requirement
Copyright Act (Act No. 48 of 1970) (著作権法(昭和四十五年法律第四十八号))
The amendment of the Copyright Act (Act No. 48 of 1970) adopted regulations on "index sites" that contain links leading to infringing content. It is reported that due to the requests for content removals and blocking, ISPs must monitor the customer's online activity to determine whether they are accessing the sites in question.
Coverage Internet host services
JAPAN
Since 2008, as amended in 2009
Pillar Content access |
Sub-pillar Blocking or filtering of commercial web content
Act on Development of an Environment that Provides Safe and Secure Internet Use for Young People (Act No. 79 of 2008) (平成二十年法律第七十九号
青少年が安全に安心してインターネットを利用できる環境の整備等に関する法律)
青少年が安全に安心してインターネットを利用できる環境の整備等に関する法律)
Chapter 4 of the Act on Development of an Environment that Provides Safe and Secure Internet Use for Young People (Act No. 79 of 2008), which became effective in April 2009, provides an obligation to provide service to filter content harmful to young people. The Act imposes this obligation not only for Internet service providers and mobile network service providers but also for manufacturers of equipment with functions to access the Internet, such as smartphones, as a result of the amendment that came into effect in 2018.
Coverage Internet services and manufacturers of equipment
JAPAN
Since April 2022
Pillar Quantitative trade restrictions for ICT goods and online services |
Sub-pillar 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)
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 |
Sub-pillar 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 1961
Since 1971
Since 1971
Pillar Technical standards applied to ICT goods and online services |
Sub-pillar 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 |
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)
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 |
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) (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 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
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 December 1984, 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) (日本電信電話株式会社等に関する法律 (昭和五十九年十二月二十五日法律第八十五号))
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) (日本電信電話株式会社等に関する法律 (昭和五十九年十二月二十五日法律第八十五号))
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 2023
Pillar Telecom infrastructure & competition |
Sub-pillar Licensing restrictions to operate in the telecom market
Complaints about arbitrary spectrum allocation
Under the Radio Act (Act No. 131 of 1950) (電波法 (昭和二十五年法律第百三十一号), 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 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. It is reported that the MIC's decision-making is arbitrary and opaque. Moreover, 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
Sources
- https://laws.e-gov.go.jp/law/325AC0000000131
- https://web.archive.org/web/20240401062609/https://ustr.gov/sites/default/files/2024%20NTE%20Report_1.pdf
- https://web.archive.org/web/20230208031521/https://ustr.gov/archive/assets/Document_Library/Reports_Publications/2005/2005_NTE_Report/asset_upload_file427_7478.pdf
- https://web.archive.org/web/20221115152718/https://www.lexology.com/library/detail.aspx?g=d581c9e6-e02d-4e72-92d2-2db75295ff92
- https://web.archive.org/web/20231201171513/https://iclg.com/practice-areas/telecoms-media-and-internet-laws-and-regulations/japan
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JAPAN
Since April 1994
Pillar Telecom infrastructure & competition |
Sub-pillar Signature of the World Trade Organization (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
Sources
- https://web.archive.org/web/20220119041350/https://www.wto.org/english/tratop_e/serv_e/telecom_e/sc46.pdf
- https://web.archive.org/web/20220307092617/https://www.wto.org/english/tratop_e/serv_e/telecom_e/telecom_commit_exempt_list_e.htm
- https://web.archive.org/web/20220119043046/https://www.wto.org/english/tratop_e/serv_e/telecom_e/telecom_highlights_commit_exempt_e.htm#country
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