On 27 June 2024, the Personal Information Protection Commission (PPC), Japan’s data protection authority, released the “Interim Report on Considerations for the Triennial Review of the Act on Protection of Personal Information” (“Interim Report”). The Interim Report summarizes discussions within the PPC on issues surrounding the Act on Protection of Personal Information (APPI) from November 2023 to June 2024. The Interim Report is in accordance with amendments made to the APPI in 2020 requiring the PPC to review the provisions of the APPI every three years.

Japan’s amended regulations on cookie information will start on 16 June 2023. The amended regulations now capture an even wider range of businesses, such as SNS platforms, various content sharing services, and certain online search tool businesses. It is important to consider whether your business is within the scope of the amended regulations and to take appropriate measures to ensure compliance, such as updating cookie policies or adding appropriate pop-up notices.

On 13 June 2022, the Amendment of the Telecommunications Business Act was enacted. The Amendment includes new regulations for the use of personally identifiable information and other information related to individuals, including cookies. Telecommunication service providers subject to the Amendment will be required to take measures based on the relevant ministerial orders to be enacted by the Ministry of Internal Affairs and Communications in the near future.

In June 2022, the Personal Information Protection Commission, which is the regulatory authority for the protection of personal information in Japan, published its 2021 annual report. While the report does not supplement the law in any way, it does provide businesses with useful insights on the PPC’s thinking and position with respect to various types of processing of personal information under Japanese law.

On May 11, 2022, the Diet of Japan approved the “Act on the promotion of national security through integrated economic measures.” Key features of the Act include the establishment of (i) a system to ensure stable supplies of critical materials, (ii) a system to ensure stable provision of services using critical infrastructure, (iii) a system that supports the development of critical technologies and (iv) a secret patent system. The Act will enter into force on or before 18 February 2023.

The Ministry of Justice and the Ministry of Internal Affairs and Communications have recently approached certain foreign companies (in particular tech companies) and issued notices requiring that the company make a registration in Japan under the Companies Act.
In this article, we comment on this issue and provide our perspectives on the Japanese Companies Act, tax and other related laws and regulations such as the Telecommunications Business Act.