Regulatory Updates - Japan Compliance (Page 3)

Japan Compliance

Regulatory Updates

A collection of 90 posts

Slide outlining Japan ransomware response: APPI breach-report flow, FEFTA sanctions risk on ransom, and integrated legal-technical playbook for businesses.

Ransomware in Japan: APPI Duties, Sanctions Risk & Practical Response Guide

TL;DR * Modern ransomware in Japan now involves double-/triple-extortion and has pushed annual incidents above 220 (2024 NPA data). * A leak—or likely leak—of personal data triggers APPI’s mandatory two-stage breach reporting. * Paying ransom risks violating sanctions under the Foreign Exchange and Foreign Trade Act (FEFTA); directors

Slide summarising Japan’s APPI breach-reporting triggers, timelines, PPC interaction and tips for aligning cybersecurity response with legal duties.

Cyber-Incident Response in Japan: APPI Compliance & Cybersecurity Basics Explained

TL;DR * Japan’s Act on the Protection of Personal Information (APPI) makes breach reporting mandatory when “personal data” is leaked—or likely leaked. * Key pain points: the ambiguous “likelihood” (osore) standard, a strict two-stage reporting timetable, and the broad “leak source” test. * Harmonising APPI compliance with best-practice incident response

Slide showing Japan’s strict product-by-process claim rules: Pravastatin test, 2024 Celecoxib clarity check, drafting tips and compliance roadmap.

Intellectual Property Law

Product-by-Process Claim Clarity in Japan: Drafting Challenges & Best Practices

TL;DR * Japan applies a uniquely strict clarity test to product-by-process (PBP) claims after the 2015 Pravastatin decision and the IP High Court’s 2024 Celecoxib case. * A PBP claim is allowed only if defining the product by structure/properties was impossible or impractical at filing and the recited process

Slide explaining Japan’s 2024 Supreme-Court job-scope ruling: when contract limits block transfers, required employer actions and compliance checklist.

Labor & Employment Law

Job-Scope Agreements & Employee Transfers in Japan: When Contract Limits Override Employer Flexibility

TL;DR * A 2024 Supreme Court ruling confirms that explicit or implicit job-scope or location limits override an employer’s general transfer right. * If such an agreement exists, the employer lacks authority to order an out-of-scope transfer unless the employee consents. * Employers must craft clear contracts, seek genuine consent, or

Slide summarising Japan’s Wage Increase Promotion Tax Credit: thresholds, bonus add-ons and FY 2024-26 carry-forward rules.

Japan’s Wage Increase Promotion Tax Credit (Chin’age Sokushin Zeisei): FY 2024-26 Incentives & Compliance Guide

TL;DR * Japan rewards companies that boost payroll with a tax credit up to 45 % (SMEs) under the Wage Increase Promotion Tax System. * The FY 2024-26 reform adds higher rates, size-based tiers and a 5-year carry-forward for SMEs. * Accurate payroll data, certification for training / diversity, and a public multi-stakeholder policy

Slide summary: Japanese patent strategy—clear title, cross-border digital enforcement, secrecy-order risk under ESPA

Intellectual Property Law

Protecting Innovation: Patent Enforcement and Management Strategies in Japan

TL;DR: Winning the Japanese market demands more than filing patents. Recent court rulings strengthen good-faith purchaser protection and expand infringement reach to foreign digital services, while a new patent-secrecy regime may block publication and foreign filing. Clear title, cross-border enforcement tactics and secrecy-order risk management now form a three-pillar

Slide summary: Japan antitrust—cooperative exemption limits, ESG human-rights collaboration risks, Green Guidelines framework

Competition / Antitrust Law

Antitrust Considerations in Japan: Beyond Cartels – Cooperatives, ESG, and Human Rights

TL;DR: Japan’s Antimonopoly Act polices more than cartels—recent JFTC cases against fishery cooperatives show the limits of Article 22 exemptions, while ESG collaborations on human-rights due diligence face antitrust scrutiny under the Green Guidelines framework. Businesses must vet cooperative agreements, information sharing and boycott risks. Table of

Slide summary: Japan indirect-discrimination rules and 2024 Freelance Act—clear contracts, 60-day payment, anti-harassment duties

Labor & Employment Law

Workforce Management in Japan: Tackling Indirect Discrimination and the New Freelance Act

TL;DR: Japan is tightening rules on indirect discrimination while launching a Freelance Protection Act that mandates clear contracts, 60-day payment and anti-harassment duties. Employers must audit “neutral” policies for disparate impact and overhaul freelancer onboarding by November 2024. Table of Contents 1. Introduction: Navigating Japan's Evolving Labor

Slide summary: Japan’s export-control tightening and new patent-secrecy regime—chip tools, catch-all, ESPA Chapter 5

Intellectual Property Law

Japan Export-Control & Patent-Secrecy Reforms: 2025 Guide

TL;DR: Japan is tightening export controls—adding chip-tool and emerging-tech items beyond multilateral lists—and has launched a patent secrecy regime under the Economic Security Promotion Act. Tech companies must update compliance programs, monitor “catch-all” triggers and weigh filing strategies to avoid secrecy orders. Table of Contents 1. Introduction:

Slide summary: Japan critical-supply-chain rules—risk reports, localisation, foreign-ownership vetting, 2025–26 enforcement

Japan’s Critical-Supply-Chain Rules: Compliance Guide 2025

TL;DR: Japan’s Economic-Security laws now require companies handling “Specified Critical Supply Chains and Infrastructure” to file risk reports, localise key processes, and obtain ministerial vetting for upgrades or foreign ownership changes. Early mapping of tier-1 and tier-2 suppliers is essential as enforcement widens in 2025-26. Table of Contents

Slide summary: Japan security-clearance system—eligibility, background checks, data localisation, 2026 launch timeline

Japan’s New Security-Clearance System: Guide for Foreign Firms

TL;DR: Japan will launch a security-clearance system by 2026 allowing access to “Specified Secret Information” in economic-security projects. Foreign subsidiaries can apply but must appoint vetted liaison officers, localise data storage and accept intrusive background checks. Early preparation is critical, especially for dual-use tech and critical-infrastructure contracts. Table of

Slide summary: EU CBAM—covered goods, 2026 certificate duty, foreign carbon price credit, supply-chain impact on US–Japan trade

Environmental Law

EU CBAM: Impact on US–Japan Supply Chains

TL;DR: The EU Carbon Border Adjustment Mechanism (CBAM) extends EU-ETS carbon pricing to cement, steel, aluminium, fertilisers, electricity and hydrogen imports. From 2026 importers must buy CBAM certificates unless a foreign carbon price is credited. US firms trading via Japan must map emissions data, renegotiate supply-chain contracts and budget

Slide summary: EU Battery Regulation—carbon limits, recycled content targets, digital passport, supply-chain due-diligence

Environmental Law

EU Battery Regulation: Global Impact on US-Japan Supply Chains

TL;DR: The EU Battery Regulation imposes cradle-to-grave rules—carbon footprint, recycled content, due-diligence and QR labelling—on every battery sold in the EU. U.S. and Japanese manufacturers must trace upstream materials, secure recycling capacity and update technical files well before phased deadlines in 2025-2030. Table of Contents 1.

Slide summary: Japan’s child-support and visitation reforms—liens, garnishment, fast-track visitation, enforcement challenges

Child Support and Visitation in Japan: Procedural Reforms and Enforcement Challenges

TL;DR: Japan’s 2024–26 family-law reforms tighten child-support enforcement with statutory liens, salary-garnishment orders and a new automatic-payment system. They also streamline visitation mediation and introduce fines for visitation obstruction. Success will hinge on court capacity and accurate income disclosure. Table of Contents 1. Introduction 2. Strengthening Child-Support

Slide summary: Japan’s 2024 family-law reform—optional joint parental authority, DV safeguard, implementation by 2026

Understanding Post-Divorce Parental Rights in Japan: Key Changes in the New Family Law

TL;DR: Japan’s 2024 family-law reform lets divorcing parents choose joint parental authority, keeps a safety valve for domestic-violence cases, and clarifies how joint decision-making works. Courts will still rule case-by-case, but the shift moves Japan closer to global norms and forces employers, schools, and courts to update policies

Slide summary: Japan’s 2024 family-law overhaul—optional joint custody, stronger child-support enforcement, visitation tools, start by 2026

Japan Overhauls Family Law: Introducing Joint Custody and Reforming Child Support

TL;DR: Japan’s 2024 family-law overhaul ends mandatory sole custody, lets parents choose joint parental authority, toughens child-support enforcement with statutory liens and “automatic” minimum payments, and expands tools for visitation. Full roll-out by mid-2026 will reshape divorce practice, court workloads, and workplace policies for parents. Table of Contents

Slide summary: Japan’s platform–national-security nexus—data controls, disinformation, economic-security act, business compliance steps

Platforms and National Security: Emerging Legal Issues in Japan

TL;DR: Japan is hard-wiring national-security concerns into platform regulation. Data-flow controls, MIC security guidance and the 2022 Economic Security Promotion Act tighten oversight of foreign-linked services, while disinformation and critical-infrastructure worries drive tougher content and supply-chain rules. Businesses must map their exposure and embed security governance into every product

Slide summary: Japan’s digital-platform tax—scope, 100 m turnover threshold, invoicing duties, penalties, Oct 2024 start

Taxing the Digital Economy: Japan's New Rules for Platform Taxation

TL;DR: From October 2024 Japan deems large digital-platform operators the supplier for cross-border digital services, making them responsible for collecting and paying consumption tax. The new “specified platform” regime brings stricter registration, invoice and annual-report duties—foreign marketplaces must re-tool billing systems and audit seller data now. Table of

Slide summary: Japan’s disinformation approach—platform transparency, takedown reforms, free-speech safeguards, business obligations

Regulatory Updates

Tackling Disinformation Online: Japan's Approach and Free Speech Considerations

TL;DR: Japan tackles online disinformation mainly through process-focused platform transparency and enhanced notice-and-takedown rules, sidestepping direct content bans to safeguard constitutional free speech. Businesses must strengthen moderation workflows, ad-screening, and disclosure compliance. Table of Contents 1. Introduction 2. The Nature and Impact of Online Disinformation in Japan 3. Japan’

Slide overview: Japan’s multi-pillar platform regulation—competition, transparency, consumer, data and tax duties 2025-26

Competition / Antitrust Law

Japan's Evolving Platform Regulation Landscape: An Overview for Global Businesses

TL;DR: Japan is piecing together an issue-specific framework for digital-platform oversight: tougher competition rules for mobile gatekeepers, transparency laws for online malls, “soft-law” consumer-protection duties, and new security-tax measures. Global businesses must map which statute applies to which service and prepare for stricter disclosure, algorithm and data-handling obligations. Table

Slide summary: Japan’s beneficial-ownership debate—current gaps, G7/FATF pressure, proposed registry reforms, corporate impact

Corporate Governance

Beneficial Ownership Transparency in Japan: Current Debates and Future Directions

TL;DR: Japan lags global peers on beneficial-ownership (BO) transparency, relying on a semi-public corporate registry and securities filings. G7 and FATF pressure has spawned proposals for an open BO register, lower thresholds, and harsher sanctions. Businesses should prepare for stricter disclosure and KYC obligations in the next two years.

Slide summary: Japan DBS Law—mandatory checks, duty-based risk assessment, HR actions, and legal safeguards

Labor & Employment Law

Navigating "Japan DBS": Background Checks and Employment Law in Child-Related Businesses

TL;DR: Japan’s DBS Law obliges child-facing businesses to run criminal-record checks and take “necessary measures.” Employers must integrate these checks into hiring, transfers, and dismissals while balancing privacy and strict labor-law protections. Failure to act invites liability and reputational harm. Table of Contents 1. The Legal Framework: A

Slide summary: Japan’s DBS Law—mandatory checks, employer duties, certification for private providers, HR implications

Regulatory Updates

Japan's New DBS Law: Protecting Children in Educational and Childcare Settings – Overview and Implications for Businesses

TL;DR: Japan’s new DBS Law mandates or enables criminal-record checks for people working with children. “School Establishments” must run checks and take “necessary measures,” while private providers may opt in via certification. Employers face new hiring, reassignment, and data-handling duties—failure risks administrative orders and reputational damage. Table

Slide summary: Supreme Court 2024 ruling—job-scope limits override transfers, implications for job-type employment in Japan

Labor & Employment Law

Job Scope Limitations ("Job-Type" Employment) and Employee Transfers (Hai-ten) in Japan: Defining Boundaries

TL;DR: Japan’s Supreme Court (Shiga Prefecture Council of Social Welfare, 2024) ruled that any explicit or implicit agreement limiting an employee’s job scope bars employers from ordering transfers outside that scope without consent—regardless of business necessity. The decision cements job-type principles and forces companies to rethink

Slide summary: Supreme Court Hagoromo case—10-year conversion rule, diverse-personnel requirement, compliance tips for fixed-term faculty

Labor & Employment Law

Navigating Fixed-Term Contracts and Permanent Employment Conversion in Japan: Recent Supreme Court Insights

TL;DR: Japan’s Supreme Court (Hagoromo Gakuen, 2024) upheld a university’s use of the 10-year conversion rule for fixed-term faculty, relaxing the interpretation of “positions requiring diverse personnel.” Employers can rely on the longer threshold—but only with documented justification tied to Ninkihō Article 4. Table of Contents