Author

Kensaku Takase

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Upcoming amendments to the Japanese Telecommunications Business Act are intended to bring more foreign companies within the scope of the Act. This will lead to more foreign entities in the telecommunications space having to take measures with the competent Japanese authorities, and have certain new specific obligations imposed upon them, such as the obligation to report serious incidents, and keep user communications secret. Application of the Telecommunications Business Act to foreign corporations On February 28,…

On 25 April 2018, Japan’s data protection authority published draft guidelines relating to adequacy findings for international personal data transfers from Europe to Japan (Guidelines). If the Guidelines come into force in their current form, subject to the EU’s adequacy decision, they will allow for personal data to be transferred from the EEA (which includes the EU, Iceland, Liechtenstein and Norway) to Japan without measures such as specific data subject consent or standard contractual clauses. These Guidelines…

As an example of the global trend towards strengthening privacy laws, extensive amendments were introduced to Japan’s data protection law, “The Act on the Protection of Personal Information” (“APPI”), on September 3, 2015. The APPI will become effective within the next two years. While the details on the manner of its implementation still remain unclear, the following are some noteworthy amendments to the law:1. Amended definition of “Personal Information”The amended APPI expands the definition of…