Regulatory Updates - Japan Compliance (Page 2)

Japan Compliance

Regulatory Updates

A collection of 90 posts

Slide summarising Japan’s 2023 digital-reform laws: Digital Agency role, analog-rule repeal, expanded My Number functions and PPC oversight highlights for businesses.

Regulatory Updates

Japan's Digital Transformation: Key Legal Reforms Shaping the Business Landscape

TL;DR * Japan’s Digital Agency (est. 2021) drives a whole-of-government DX agenda focused on user-centric services and data utilization. * The 2023 Digital Regulatory Reform Promotion Act scraps “analog regulations” (physical posting, media submission) and installs a digital-first legislative check. * Revisions to the My Number Act expand use cases, integrate

Slide showing Japan’s 2023 IP reforms: digital-imitation ban via telecom lines, capacity-excess royalty damages, infringement-premium uplift and compliance checklist.

Intellectual Property Law

Japan’s 2023 IP Reforms: Higher Damages & Digital-Imitation Clamp-Down Explained

TL;DR * 2023 amendments widen Unfair Competition Prevention Act (UCPA) Article 2(1)(iii) to cover digital “dead copies” offered online and clarify that purely virtual goods are protected. * Copyright Act & UCPA damages rules now allow recovery of lost-profit royalties for infringing sales that exceed the right-holder’s capacity

Slide summarising Japan’s 2023 dispute-resolution reforms: enforceable arbitral interim measures, ADR-settlement execution, Singapore Convention implementation and IT-litigation roadmap.

Dispute Resolution

Modernizing Dispute Resolution in Japan: 2023 Reforms to Arbitration, ADR, and Civil Procedure IT

TL;DR * Japan’s June 2023 reform package aligns the Arbitration Act with the 2006 UNCITRAL Model Law, letting courts enforce arbitral interim measures and expanding Tokyo/Osaka court jurisdiction. * Certified ADR settlements will soon be directly enforceable, while a new act implements the Singapore Convention, enabling cross-border enforcement of

Slide summarising Japan’s 2023 IP reforms: defensive 3-D trademarks, broader partial designs, digital-replica UCPA protection and fast-track examination scheme.

Intellectual Property Law

Key Updates in Japan's 2023 Intellectual Property Law Reforms: Trademarks, Designs, and Unfair Competition

TL;DR * 2023 amendments streamline partial-design filings, enable defensive applications for three-dimensional trademarks, and extend Unfair Competition Prevention Act (UCPA) reach to “digital replicas.” * The JPO introduced a fast-track examination scheme for non-traditional marks and simplified priority claims for foreign applicants. * Rights-holders now enjoy a presumption of irreparable harm in

Slide summarising Japan’s 2023 immigration amendments: complementary protection, repeat-asylum limits, detention alternatives and business implications for mobility & CSR.

Immigration Law

Japan’s Immigration Overhaul: What the 2023 Amendments Mean for Global Mobility & CSR

TL;DR * June 2023 amendments to the Immigration Control Act introduced (i) a Complementary Protection System, (ii) stricter rules for multiple asylum filings, and (iii) alternatives to detention. * Automatic deportation-stay now applies only to the first two refugee applications; third-time applicants must present new evidence. * International businesses must monitor talent-mobility

Slide outlining Japan’s expatriate duty of care: governing-law traps, risk-assessment checklist, crisis protocols and liability consequences for employers.

Labor & Employment Law

Employer Duty of Care in Japan: Protecting Expatriate Staff During Crises

TL;DR * Japanese “Duty of Care” (Labor Contracts Act Art.5) extends overseas when staff are on trips, postings, or secondments arranged from Japan. * Even with a foreign governing-law clause, Japanese mandatory protections often still bite. * Employers must risk-assess destinations, brief staff, secure medical/security support, and maintain real-time crisis

Slide summarising post-pandemic Japanese labor-law nuances: strict dismissal/relocation test, side-job overtime liability, fixed-term conversion rights and employer action items.

Labor & Employment Law

Post-Pandemic Japanese Labor Law: Dismissal, Relocation, Side-Jobs & Fixed-Term Pitfalls Explained

TL;DR * Japanese courts kept a high bar for dismissal and struck down a retaliatory long-distance transfer in 2023. * Employers are liable for overwork injuries even when total hours stem from side-jobs they know (or should know) about. * Non-renewal of fixed-term staff and refusal to grant indefinite conversion face strict

Slide mapping Japan’s pandemic legal framework: new crisis-management agency, law revisions, fiscal measures, digital-system gaps, and business action items.

Regulatory Updates

Japan’s Public-Health Playbook: Legal Lessons from the Pandemic for the Next Crisis

TL;DR * COVID-19 exposed coordination gaps between Japan’s national command and local implementation, prompting a new Cabinet Agency for Infectious-Disease Crisis Management (2023). * Key legal pivots—Infectious Diseases Control Law revisions, fiscal mega-stimulus, “requests” versus enforceable orders—reshape how firms must plan for the next emergency. * Businesses should track

Slide outlining Germany’s LkSG: 2024 scope, eight due-diligence steps, penalties up to 2 % turnover, and EU CSDDD expansion roadmap.

Beyond Borders: Germany’s Supply-Chain Act & the Rise of Mandatory Human-Rights Due Diligence

TL;DR * Germany’s Supply-Chain Act (LkSG) mandates UNGP-style human-rights and environmental due diligence for firms with ≥1,000 German employees (since 2024). * US・Japanese suppliers face cascading contract clauses, audits and risk-mitigation duties as German customers seek compliance evidence. * The forthcoming EU CSDDD will expand scope and introduce civil

Slide mapping GDPR and new EU tech laws: DSA, DMA, Data Act, DGA, AI Act—overlap zones, unique duties and integrated compliance roadmap for businesses.

Navigating the Digital Maze: GDPR's Interplay with Europe's New Tech Regulations

TL;DR * GDPR remains the foundation of EU data protection, but new laws—DSA, DMA, Data Act, DGA and the forthcoming AI Act—layer sector-specific obligations on top. * Overlaps appear in legal basis, transparency, profiling/ADS rules, dark-pattern bans and children’s protection, making siloed GDPR programs obsolete. * Firms must

Slide outlining EU-US Data Privacy Framework: EO 14086 safeguards, two-tier redress, adequacy decision timeline and compliance tips for data exporters/importers.

Bridging the Atlantic Again? Understanding the EU-US Data Privacy Framework

TL;DR * After Schrems II, the new EU-US Data Privacy Framework (DPF) won an adequacy decision on 10 July 2023 thanks to U.S. Executive Order 14086 and a two-tier redress system. * EU data can flow to DPF-certified U.S. companies without SCCs/BCRs, but transfers to non-certified entities still

Slide mapping Japan-EU adequacy review: 2023 findings, APPI 2022 updates, remaining Supplementary Rules and compliance tips for cross-border data transfers.

Data Flows Between Japan and the EU: Navigating the GDPR Adequacy Decision After its First Review

TL;DR * The EU’s first review (April 2023) confirmed Japan’s GDPR adequacy decision, so EU-to-Japan transfers still need no SCCs or BCRs. * APPI amendments (2022) absorbed key “Supplementary Rules,” but those rules still apply to gaps—especially sensitive-data scope and onward transfers. * Companies receiving EU data in Japan

Slide showing GDPR five-year enforcement: escalating fines, EDPB binding decisions, key violation themes and overlap with DSA/DMA/AI Act.

Five Years On: GDPR Enforcement Trends, Major Fines, and the Role of the EDPB

TL;DR * GDPR enforcement has intensified: fines now exceed €4 billion and processing bans increasingly halt core services. * The European Data Protection Board (EDPB) is driving consistency via binding decisions and coordinated investigations. * Overlapping regimes such as the DSA, DMA and forthcoming AI Act mean GDPR compliance can no longer

Slide summarising Japan’s response to online harassment of entertainers: civil/criminal tools, 2022 insult-penalty hike, new disclosure procedure and platform duties.

Beyond the Spotlight: Online Harassment of Entertainers in Japan and the Legal Response

TL;DR * Entertainers are prime targets for online defamation, insults and coordinated “flaming” on SNS. * Victims rely on civil-tort suits and criminal law, but identifying anonymous posters and recovering damages remain hard. * 2022–24 reforms—higher insult penalties and a streamlined Provider Liability Act—plus policy pressure on digital platforms

Slide summarising Japan’s anti-harassment duties for entertainment: legal coverage of freelancers, on-set risk factors, reporting channels and prevention checklist.

Labor & Employment Law

Setting the Stage for Respect: Japan’s Anti-Harassment Rules for Entertainment Workplaces

TL;DR * Harassment risks in Japan’s entertainment industry stem from power gaps, precarious freelance work and high-pressure sets. * The Power Harassment Prevention Act, Equal Employment Opportunity Act and 2024 Freelancer Protection Act oblige studios and agencies to prevent, investigate and remedy harassment. * Effective compliance requires clear policies, project-based training,

Slide outlining Japan’s entertainer‐classification test: control vs. autonomy factors, key court cases, and compliance checklist for agencies and studios.

Labor & Employment Law

Employee or Independent Contractor? Classifying Entertainers Under Japanese Labor Law

TL;DR * Japan applies a multi-factor test—freedom to refuse work, control, exclusivity, remuneration type, etc.—to decide if an entertainer is an LSA “worker.” * Recent cases show emerging talent is often deemed employees, while established stars may remain independent contractors. * Classification drives wage, overtime, social-insurance and training-cost obligations, so

Slide comparing Japan vs. US patent litigation: venue, discovery, validity challenges, decision-makers and damages at a glance.

Intellectual Property Law

Patent Litigation Across the Pacific: Key Differences Between the US and Japanese Systems

TL;DR * Japan’s centralized, judge-only patent courts offer predictability, while the US allows venue choice and jury trials—raising cost and uncertainty. * Limited evidence-production and lower damages in Japan contrast with broad US discovery and potentially treble awards. * Dual-track validity challenges exist in both systems but operate differently (JPO

Japan’s Supreme Court Ends Surgery Requirement for Legal Gender Change: What It Means for Employers

Constitutional Law

Japan’s Supreme Court Ends Surgery Requirement for Legal Gender Change: What It Means for Employers

TL;DR * On 25 Oct 2023 the Supreme Court struck down the Civil Code surgery requirement (GID Act Art.3 ①④) as unconstitutional. * Courts must now accept gender-marker changes without sterilisation surgery; detailed criteria will be set by lower courts. * Employers and schools should update HR, facility‐use and privacy policies

Slide summarising Japan’s 2024 overtime-cap expansion: new hour limits, sector-specific challenges, labour-shortage impact and compliance measures for employers.

Labor & Employment Law

Japan’s 2024 Work-Style Reform: Overtime Caps, Sector Shortages & Compliance Guide for Global Firms

TL;DR * From 1 Apr 2024 Japan extended strict overtime caps to construction, drivers and doctors, ending a 5-year grace period and creating the “2024 Problem.” * Labour-shortage sectors now face capped hours (e.g., 960 h/year for drivers) plus tougher rest-interval and record-keeping duties. * Businesses must redesign schedules, raise

Slide mapping Japan’s international tax risks: PE thresholds, TP documentation, CFC inclusion tests, Pillar Two top-up tax timeline and mitigation checklist.

International Tax Risks in Japan: PE, Transfer Pricing, CFC & Pillar Two Guide for US Companies

TL;DR * Japan poses four headline risks for US multinationals: Permanent Establishment, Transfer Pricing, CFC rules and BEPS Pillar Two top-up taxes. * Mis-steps can push effective tax rates above 35 % or trigger double taxation. * Careful structuring, robust TP documentation and early modelling of Pillar Two exposures are essential. Table of

Slide summarising Japan’s mandatory human-capital disclosure: gender-pay gap, female-manager ratio, paternity-leave uptake and strategic investor impacts.

Sustainability Reporting

Mandatory Human-Capital Disclosure in Japan: FIEA Rules, Labor-Law Metrics & Strategic Risks for US Companies

TL;DR * Since FY 2023, listed firms in Japan must disclose gender-pay gaps, female-manager ratios and other labor-law metrics in the “Sustainability Information” section of the Annual Securities Report. * Government “Human Capital Visualization Guidelines” urge broader, strategy-linked disclosures across 19 indicators. * US companies with Japanese units must ensure legal compliance,

Slide outlining Japan’s mandatory sustainability disclosures: FIEA/ISSB pillars, financial-materiality focus, phased adoption timeline and assurance outlook.

Sustainability Reporting

Mandatory Sustainability Reporting in Japan: FIEA Rules & ISSB Alignment for Global Companies

TL;DR * From FY 2023 disclosures, Japan’s Financial Instruments and Exchange Act (FIEA) requires listed firms to add a “Sustainability Information” section in the Annual Securities Report (Yūhō). * The framework mirrors TCFD/ISSB pillars (governance, strategy, risk management, metrics & targets) and focuses on financial materiality. * Human-capital metrics on

Slide mapping debt-collection timeline for US creditors in Japan: preventive contract steps, default response flow and key bankruptcy procedures & priorities.

Dispute Resolution

Collecting Debt & Navigating Bankruptcy in Japan: A Practical Guide for US Creditors

TL;DR * Minimise risk up-front: run credit checks, draft contracts with arbitration clauses, and secure payment terms. * On default, act fast—document demands, consider payment plans, and engage Japanese counsel before value erodes. * In insolvency, know your place in Japan’s hierarchy: file proofs of claim on time and expect

Slide outlining EU Data Act impact on US–Japan supply chains: IoT data-sharing rules, FRAND access, cloud switching and 2025 compliance deadline.

Regulatory Updates

EU Data Act Compliance for US Firms with Japanese Links: Key Risks & Strategic Steps

TL;DR * The EU Data Act, in force since Jan 2024 and fully applicable from Sep 2025, mandates broad data-sharing rules for IoT and non-personal data. * Japanese manufacturers in automotive, machinery and electronics will be heavily affected, creating knock-on compliance duties and market shifts for US partners. * US companies should

Slide explaining Japan’s Article 30-4 AI training exception: non-enjoyment purpose rule, market-prejudice proviso, and compliance checklist for developers.

Intellectual Property Law

Japan’s Article 30-4 Copyright Exception: How AI Developers Can Train Models Legally

TL;DR * Article 30-4 of Japan’s Copyright Act broadly permits unlicensed use of works for AI training when the purpose is “non-enjoyment” information analysis. * The exception vanishes if the same act also aims at user enjoyment (e.g., style imitation) or unreasonably harms a rights-holder’s market. * Developers should