Compliance

A collection of 144 posts
Flowchart summarising Keihyōhō compliance for online ads: advertiser liability, affiliate monitoring loop, mandatory #AD/#PR disclosure, and stealth-marketing prohibition effective Oct 2023.
Consumer Protection

Digital Deception or Fair Play? Applying Japan's Premiums and Representations Act to Online Advertising

TL;DR * Japan’s Act against Unjustifiable Premiums and Misleading Representations (Keihyōhō) applies fully to online ads; there is no “digital carve-out.” * Advertisers are liable for affiliate and influencer claims; 2022 guidelines mandate contracts, monitoring and swift takedowns. * As of Oct 2023, undisclosed “stealth marketing” is expressly prohibited: ads must
9 min read
Infographic showing the Keihyōhō commitment procedure flow
Consumer Protection

A New Path for Resolution: Understanding Commitment Procedures under Japan's Revised Premiums and Representations Act

TL;DR * Japan’s 2023 amendments to the Act against Unjustifiable Premiums and Misleading Representations (Keihyōhō) introduced a commitment procedure (effective 1 Oct 2024) that lets companies avoid cease-and-desist and surcharge orders if the Consumer Affairs Agency certifies their remedial plan. * Eligibility is limited; egregious or repeat cases are excluded,
8 min read
Slide summarising Japan’s 2023 Supreme Court METI transgender restroom case: facts, dignity-first reasoning, employer duty of care and compliance checklist for inclusive policies.
Labor & Employment Law

A Landmark Ruling for Transgender Rights in Japan: The METI Restroom Access Case and Employer Obligations

TL;DR * Japan’s Supreme Court (11 Jul 2023) held that forcing a transgender METI employee to use distant restrooms was an unlawful abuse of discretion, stressing dignity and concrete evidence over abstract “discomfort.” * Employers’ general duty to maintain a safe, non-discriminatory workplace now clearly covers gender-identity accommodation; blanket bans
8 min read
Slide illustrating the fisheries-cooperative antitrust case: 100 % supply obligations, buyer hamagai ban, JFTC commitment timeline and key AMA articles for compliance.
Competition / Antitrust Law

Antitrust Alert: Lessons from Japan's Fisheries Cooperative Case on Exclusive Dealing and Supply Restrictions

TL;DR * A Kyushu fisheries federation imposed 100 %-supply rules on producers/co-ops and banned buyers’ direct purchases, triggering a JFTC commitment procedure. * Such exclusive-dealing and restrictive-condition practices can lose the AMA Article 22 cooperative exemption and violate Article 19 unfair-trade provisions. * The case shows that industry associations and cooperatives
8 min read
Slide comparing compensation for regular, fixed-term and post-retirement workers in Japan: Supreme Court factors, 2023 Nagoya case takeaways and employer compliance checklist.
Labor & Employment Law

Hiring in Japan: Fixed-Term & Post-Retirement Workers—Avoiding “Unreasonable Disparity” Claims

TL;DR * Japan’s Part-Time & Fixed-Term Employment Act bars “unreasonable disparities” in pay and benefits versus comparable regular staff. * Supreme Court precedent (Nagasawa 2018; Nagoya Driving School 2023) shows courts will dissect each pay component and negotiation history—simple percentage cuts post-retirement are risky. * Employers must document duty differences,
10 min read
Slide outlining AI’s impact on Japanese legal practice: legal-tech use cases, key risks (copyright, bias, confidentiality), JFBA ethical duties and Japan’s soft-law AI governance.
AI Regulation

The AI Revolution in Japanese Legal Practice: Opportunities, Challenges, and Ethical Considerations

TL;DR * Generative-AI tools are fast entering Japanese law firms for contract review, research and drafting, but raise copyright, bias and confidentiality risks. * The Japan Federation of Bar Associations stresses competence, client-confidentiality and supervision duties when lawyers use AI. * Japan’s “soft-law” AI Guidelines favour innovation, yet rapid model evolution
9 min read
Slide showing Japan’s 2024 foreign-bribery overhaul: expanded “public official,” doubled fines, longer limitation period and compliance checklist for multinationals.
Anti-Corruption

Japan Strengthens Anti-Bribery Enforcement: Expanded Penalties and Scope for Foreign Public Official Bribery

TL;DR * A May 2024 amendment to the Unfair Competition Prevention Act (“UCPA”) doubles the maximum corporate fine for bribery of foreign public officials to ¥600 million (≈ US $4 m) or “loss avoided,” whichever is higher. * “Officials” now expressly include employees of foreign-government-controlled funds and international organisations, aligning with OECD
7 min read
Slide summarising METI’s 2023 acquisition guidelines: three core principles, board duties, special-committee process and stringent conditions for defensive measures.
Corporate Governance

New Landscape for Corporate Acquisitions in Japan: Understanding the "Guidelines for Corporate Acquisitions"

TL;DR * METI’s August 2023 “Guidelines for Corporate Acquisitions” establish three core principles—corporate value focus, shareholder intent and transparency—shifting boards from defensive reflexes to value-justified decision-making. * Target boards must report bids promptly, weigh them sincerely, manage conflicts through independent committees and disclose reasoning; bidders must engage in
8 min read
Slide summarising Japanese governance updates: board discretion case, 30 % illiquidity discount precedent, strict “just-cause” dismissal test, and activist-driven reforms.
Corporate Governance

Corporate Governance in Japan: Director Duties, Board Discretion, and Shareholder Relations

TL;DR * Japanese courts continue to affirm wide board discretion—so long as directors follow internal rules, conduct proper investigations, and act in shareholders’ common interest. * The Supreme Court okayed a 30 % non-liquidity discount when valuing restricted shares, stressing transparency and avoidance of double-counting. * “Just cause” for dismissing directors remains
8 min read
Slide summarising Japan’s workplace human-rights developments: pandemic lessons, 2023 Supreme Court transgender restroom ruling, and inclusive-policy checklist for employers.
Labor & Employment Law

Human Rights in Japan’s Modern Workplace: Crisis Lessons, Transgender Rights & Inclusive Policies

TL;DR * Japan’s pandemic response and the 2023 Supreme Court restroom case illustrate how crisis measures and individual rights must be balanced in employment settings. * The Court held that vague discomfort of colleagues cannot override a transgender employee’s gender-identity rights, signalling stricter scrutiny of workplace restrictions. * Employers should
7 min read