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[null,"Prepared By:","Contributors:"]
[null,"Nishimura & Asahi","Hitomi Iwase"]
[]
[]
[]
["Global Data Privacy Guide"]
[]
["Report Generated: 11/19/2025"]
[]
["View your report results on next tab"]

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["Question","Japan"]
["Key Legislation Overview"]
["1. What is the key legislation?","The\n Act on the Protection of Personal Information (\nAct No. 57 of 2003) (\"\nAPPI\").\nNote: The key legislation governing privacy in Japan is the \nAct on the Protection of Personal Information (Act No. 57 of 2003) (\"\nAPPI\").\nThe \nAPPI prescribes protocols for both government and private-sector entities for the management of personal information.  In the private sector, it provides general rules concerning the protection of personal information and regulates the handling (collection, storage, and use) of personal information. Note that this document focuses on the private sector - i.e., Business Operator Handling Personal Information. \n"]
["2. What are the key decisions applying that legislation?","The \nBasic Policy on the Protection of Personal Information, the Ordinance for Enforcement of the Act on the Protection of Personal Information, the Enforcement Regulations for the Act on the Protection of Personal Information (“\nPPC Rules”), and the \nSupplementary Rules under the APPI for Handling Personal Data Transferred from the EU Based on an Adequacy Decision (the “\nSupplementary Rules”)\n"]
["Key Data Protection Provisions"]
["1. How are “personal data” and “sensitive data” defined?"," The APPI has a definition of Personal Information. Also, other than the concept of Personal Information, the APPI establishes several concepts/categories of information and sets forth various privacy principles for each category of information. \n The APPI defines “Personal Information” as information about a living individual that meets either of the following descriptions: \n \n information that can identify a specific individual by name, date of birth, or other descriptions contained in such information (including information that would allow easy reference to other information and thereby enable identification of a specific individual); or \n information that contains a Personal Identification Code. \n \n “Personal Identification Code” means a code (including characters, numerical characters, and marks) that can be used to identify a specific individual and is designated by a Cabinet Order. The relevant Cabinet Order provides that a Personal Identification Code includes DNA sequence data, iris pattern data, gait pattern data, palm print data, voice recognition data, basic pension numbers, and national health insurance numbers. \n The APPI defines “Personal Data” as Personal Information constituting a Personal Information Database and defines “Personal Information Database” as an assembly of information including Personal Information that is (i) systematically arranged in such a way that specific Personal Information can be retrieved by a computer or (ii) designated by a Cabinet Order as being systematically arranged in such a way that specific Personal Information can be easily retrieved. In other words, a Personal Information Database is a database in which Personal Information is stored in a searchable format. \n Under the APPI , sensitive data is called “Special Care-Required Personal Information.” The APPI defines “Special Care-Required Personal Information” as Personal Information comprising an individual’s race, creed, social status, medical history, criminal record, fact of having suffered damage by a crime, or other descriptions, etc. prescribed by a Cabinet Order as those whose handling requires special care so as not to cause unfair discrimination, prejudice, or other disadvantages to the individual. "]
["2. How is the defined data protected?","To protect Personal Information/Personal Data, Business Operators Handling Personal Information are required to adhere to the following key data protection principles/obligations: (a) proper acquisition, (b) proper use, including a purpose limitation, (c) restrictions on disclosure of Personal Data to third parties, (d) restrictions on cross-border transfers of Personal Data, (e) rights of data subjects, (f) security control, and (h) data breach. \n"]
["3. Who is subject to privacy obligations?","The \nAPPI applies to any person using a Personal Information Database for a business. \nNote: The \nAPPI applies to a “Business Operator Handling Personal Information.” as well as (i) state organs and (ii) local governments. Note that this document focuses on the private sector - i.e., Business Operator Handling Personal Information. \nUnder the \nAPPI, a “Business Operator Handling Personal Information” is defined as any person using a Personal Information Database for business other than the following entities: (i) incorporated administrative agencies and the like and (ii) local independent administrative institutions.\n\n \n"]
["4. How is “data processing” defined?","There is no definition of “data processing” in the \nAPPI. Instead, the rules for collection, disclosure, management, deletion, correction, or other handling of Personal Information/Personal Data are provided under the \nAPPI.\n"]
["5. What are the principles applicable to personal data processing?"," Personal Information must not be collected by deception or other wrongful means. Generally, once a Business Operator Handling Personal Information has collected Personal Information, it must notify the individual of or publicly announce the Purpose of Use. \n The following restrictions apply to the collection of Personal Information: \n \n Proper Acquisition \n \n A Business Operator Handling Personal Information must not acquire Personal Information by deception or other wrongful means. \n \n \n Notice of the Purpose of Use at the Time of Acquisition \n \n Once a Business Operator Handling Personal Information has acquired Personal Information, it must notify the individual of or publicly announce the Purpose of Use, except in cases where the Purpose of Use has already been publicly announced or where any of the following requirements are met:\n \n where the notification or public announcement of the Purpose of Use is likely to cause harm to the life, body, or property or to any rights or interests of an individual or a third party; \n where the notification or public announcement of the Purpose of Use is likely to harm the rights or legitimate interests of the Business Operator Handling Personal Information; \n where cooperation with a state agency, local government or a third party commissioned by a state or local agency is necessary to conduct certain affairs specified by laws and regulations and where the notification or public announcement of the Purpose of Use is likely to impede the execution of such affairs; and \n where the Purpose of Use is evident from the situation surrounding the collection of Personal Information. \n \n \n \n \n Special Care-Required Personal Information As a general rule, Business Operators Handling Personal Information must not obtain Special Care-Required Personal Information without the individual’s prior consent.  \n "]
["6. How is the processing of personal data regulated?"," When handling Personal Information, a Business Operator Handling Personal Information must specify the Purpose of Use of Personal Information to the extent possible and must not use Personal Information beyond the scope necessary to achieve the Purpose of Use without obtaining the individual’s prior consent. \n In addition, as a general rule, a Business Operator Handling Personal Information may not provide Personal Data to a third party without obtaining the individual’s prior opt-in consent. Restriction by the Purpose of Use \n When handling Personal Information, in addition to specifying the Purpose of Use of Personal Information (see above), a Business Operator Handling Personal Information is required to comply with the following rules: \n \n A Business Operator Handling Personal Information must not change the Purpose of Use beyond the scope that is reasonably related to the Purpose of Use before the change. \n As a general rule, a Business Operator Handling Personal Information must not use Personal Information beyond the scope necessary to achieve the Purpose of Use without obtaining the individual’s prior consent. Exceptions to the general rule apply in the following cases: \n \n where the handling of Personal Information is required by laws and regulations; \n where the handling of Personal Information is necessary for the protection of the life, body, or property of an individual and where obtaining the person’s consent is difficult; \n where the handling of Personal Information is necessary for the improvement of public health or promotion of the sound growth of children and where obtaining the person’s consent is difficult;  \n where cooperation with a state agency, local government or a third-party commissioned by a state or local agency is necessary to conduct certain affairs specified by laws and regulations and where obtaining the person’s consent is likely to impede the execution of the affairs concerned; \n where the Business Operator Handling Personal Information is an academic research institution and there is a need to handle Personal Information for the purpose of academic research (except where the individual’s rights or interests may be unfairly harmed); or \n where the Business Operator Handling Personal Information provides Personal Data to an academic research institution that has a need to handle such Personal Data for the purpose of academic research (except where the individual’s rights or interests may be unfairly harmed). \n \n \n A Business Operator Handling Personal Information must not use Personal Information in a manner that may encourage or induce any illegal or unjust activities. \n \n Disclosure or sharing of Personal Data with a third party \n As a general rule, a Business Operator Handling Personal Information may not provide Personal Data to a third party without obtaining the individual’s prior opt-in consent. Exceptions to the general rule apply in the following cases: \n \n where the provision of Personal Data is required under laws and regulations; \n where the handling of Personal Data is necessary for the protection of the life, body, or property of an individual and where obtaining the person’s consent is difficult; \n where the handling of Personal Data is necessary for the improvement of public health or promotion of the sound growth of children and where obtaining the person’s consent is difficult;  \n when cooperating with a state agency, local government or a third party commissioned by a state or local agency to conduct certain affairs specified by the laws and regulations and obtaining the person’s consent is likely to impede the execution of the affairs concern; \n where the Business Operator Handling Personal Information is an academic research institution and the provision of Personal Data is essential for the disclosure of academic research or education results (except where the individual’s rights or interests may be unfairly harmed); \n where the Business Operator Handling Personal Information is an academic research institution and the provision of Personal Data is necessary for a purpose of academic research (except where the individual’s rights or interests may be unfairly harmed) (limited to cases where the Business Operator Handling Personal Information and the third party jointly conduct academic research); or \n where the third party is an academic research institution which has a need to handle such Personal Data for the purpose of academic research (except where the individual’s rights or interests may be unfairly harmed). \n \n Opt-out option: \n A Business Operator Handling Personal Information may provide Personal Data (excluding Special Care-Required Personal Information) to a third party without obtaining the individual’s prior consent if the Business Operator Handling Personal Information, in advance, notifies the individual of the following information or makes the information “readily available” to the individual, and notifies the Personal Information Protection Commission (\" PPC \") of all of the following information: (i) its name and address (in addition, if the Business Operator Handling Personal Information is a legal entity, the name of its representative); (ii) the fact that the provision to a third party is a Purpose of Use; (iii) the items of the Personal Data to be provided to a third party; (iv) the method of provision to a third party; (v) the method of acquisition of the Personal Data; (vi) the fact that the provision of such Personal Data as will lead to the identification of the individual to a third party will be discontinued at the request of the individual to opt-out; (vii) the method of receiving the request; (viii) the method of updating the Personal Data; and (ix) the commencement date of the provision of the Personal Data.  \n Other Exceptions: \n \n If the Personal Data are transferred as a result of a merger, acquisition, or similar succession transaction, the recipient of Personal Data is not deemed a “third-party.” \n Service provider exception: If the Personal Data are transferred as a result of a commission of a third-party service provider by a Business Operator Handling Personal Information for all or part of the processing of the Personal Data that is necessary to achieve the Purpose of Use, and the service provider does not process the data for its own Purpose of Use, such service provider is not deemed a “third-party.”  \n If a Business Operator Handling Personal Information either notifies an individual in advance of the following information or ensures that the information is made readily available for the individual in advance, the Business Operator Handling Personal Information may use Personal Information jointly with another specific individual or entity without the individual’s prior consent: \n \n The fact that Personal Data may be shared with and used jointly by specific individuals or entities; \n the items of the Personal Data used jointly; \n the scope of the joint users; \n the purpose for which the Personal Data is used; and \n the name and address of the individual or business operator (from among the joint users) that is responsible for the management of the Personal Data (in addition, if it is a legal entity, the name of its representative).   The APPI also sets forth rules concerning Personally Referable Information, which includes location data and cookie data.  In cases where a Business Operator Handling Personal Information who has collected Personally Referable Information aims to disclose such information to a third party and such third party is expected to identify one or more specific individuals by using such Information; in that case, the receiving party must obtain consent from the individual and the providing party must confirm whether such consent has been obtained.   In addition, where the receiving party is in a foreign country, it must disclose, and the providing party must confirm the disclosure of, the following information when attempting to obtain the individual’s consent to the transfer:      a summary of the legal system related to the protection of Personal Information in the foreign country to which personally referable information will be transferred;     an outline of specific measures the third party is implementing or will implement to protect the Personal Information; and     other information that may be helpful to the individual. \n \n \n "]
["7. How are storage, security and retention of personal data regulated?","A Business Operator Handling Personal Information must take necessary and proper measures for the prevention of leakage or loss of, or damage to, and for other security control of Personal Data. A Business Operator Handling Personal Information must endeavor to delete Personal Data without delay when its use is no longer required.\nUnder the \nAPPI, a Business Operator Handling Personal Information is required to take security control measures concerning Personal Data. The \nAPPI imposes a broadly stated obligation on a Business Operator Handling Personal Information to “take necessary and proper measures for the prevention of leakage, loss, or damage, and for other security control of the Personal Data.” There are no concrete measures specified in the \nAPPI for satisfying this requirement. However, it is generally understood that security control measures required by the \nAPPI include: (i) organizational measures; (ii) employee-related measures (e.g., training of personnel); (iii) physical measures; and (iv) technical measures. Concrete actions under each type of measure are stipulated in the \nGeneral Guidelines for the Protection of Personal Information established by the \nPPC (\"\nGeneral Guidelines\").\nA Business Operator Handling Personal Information must endeavor to delete Personal Data without delay when its use is no longer required.\n"]
["8. What are the data subjects' rights under the data legislation?"," A Business Operator Handling Personal Information must make certain matters accessible to individuals whose Personal Data is retained.  An individual may request a Business Operator Handling Personal Information to disclose, correct, or stop using, etc., relevant Personal Data in certain circumstances. \n A Business Operator Handling Personal Information must comply with the following rules: \n \n A Business Operator Handling Personal Information must make the following details accessible to individuals whose Retained Personal Data is retained: (i) the name of the Business Operator Handling Personal Information; (ii) the Purpose of Use (except in specified circumstances); (iii) procedures for requesting a correction to Retained Personal Data or to stop the use or sharing of, or to erase, Retained Personal Data, as well as procedures for other requests; and (iv) other matters, as specified by Cabinet Order, that are necessary to ensure the proper handling of Retained Personal Data. The matters under (iv) include an outline of security control measures taken with respect to Retained Personal Data. \n An individual can request that a Business Operator Handling Personal Information disclose any Retained Personal Data of the individual; and if requested, the Business Operator Handling Personal Information must disclose any relevant Personal Data without delay.  The same shall apply to records of data provision or receipt, which must be prepared and stored, pursuant to the provisions of the APPI. \n An individual can request that a Business Operator Handling Personal Information correct, add to, or delete Retained Personal Data of the individual if they are inaccurate; and if requested, the Business Operator Handling Personal Information must investigate the issue without delay.  Based on the result of the investigation, the Business Operator Handling Personal Information must correct, add to, or delete the Retained Personal Data concerned. The Business Operator Handling Personal Information must notify the individual of its response to the request. \n An individual can request that a Business Operator Handling Personal Information stop using or disclosing Retained Personal Data on the basis that (i) the Business Operator Handling Personal Information is violating certain provisions of the APPI ; (ii) it is no longer necessary to use or disclose Retained Personal Data; (iii) certain leakages or other incidents concerning Retained Personal Data have occurred; or (iv) the rights or legitimate interests of the individual may be harmed; and if requested, the Business Operator Handling Personal Information must stop using or disclosing the Retained Personal Data concerned if the request is reasonable. \n "]
["9. What are the consent requirements for data subjects?","There are no specific requirements for valid consent under the \nAPPI. \nAccording to the \nGeneral Guidelines, “data subject consent” means an expression of intent by an individual to consent to the handling of his/her Personal Information/Personal Data by a Business Operator Handling Personal Information in the manner specified by the Business Operator Handling Personal Information.\n\nThe \nGeneral Guidelines also point out that “obtaining the consent of an individual” means that a Business Operator Handling Personal Information/Personal Data recognizes an individual’s expression of consent, and must use reasonable and appropriate methods deemed necessary for the individual to make a decision regarding consent, in accordance with the nature of the business and the circumstances surrounding the handling of the Personal Information/Personal Data.\nIt is also mentioned in the \nGeneral Guidelines that in cases where minors, adults under guardianship, persons under curatorship, or persons under assistance do not have the capacity to make decisions, consent must be obtained from their parents, legal representatives, or other appropriate parties regarding the handling of Personal Information/Personal Data.\n"]
["10. How is authorization for use of data handled?","Under the \nAPPI, generally, consent is not required to handle Personal Information unless disclosing it to a third party. On the other hand, data subject consent is considered the legal basis for disclosure of Personal Information to a third party.\nThere is no provision in relation to the withdrawal of consent under the \nAPPI.\n"]
["11. Are cross-border data transfers regulated? If so, what are the restrictions on cross-border data transfers?"," In principle, the APPI restricts the provision of Personal Data to a third party in a foreign country without the relevant individual’s prior consent. When obtaining the relevant individual’s prior consent to a cross-border data transfer, a Business Operator Handling Personal Information is required to disclose to the individual the following matters: (i) the name of the country in which the third party is located; (ii) information relating to the legal system for protecting Personal Information in the foreign country; and (iii) information relating to specific measures to protect Personal Information that are being or will be taken by the third party. \n The exceptions to the prior consent requirement include the following: \n \n With respect to a third party that is a recipient of Personal Data, the prior consent requirement does not apply to the transfer of Personal Data to such operators with a management system conforming to the standards set out in the PPC rules. The PPC rules currently provide two categories of exempt recipient operators: \n \n a recipient operator, together with another operator that is the transferor of Personal Data to such recipient operator, ensures compliance with relevant provisions of the APPI by taking appropriate and reasonable measures between the transferor operator (in this case, the Business Operator Handling Personal Information must (i) continuously take necessary measures as set forth in the PPC rules to ensure the recipient operator’s compliance with relevant provisions of the APPI and (ii) disclose certain information upon the individual’s request, such as an outline of the recipient operator’s methods for compliance, the name of the country where the recipient operator is located, and an outline of the country’s legal regime that could affect the recipient operator’s compliance); and \n a recipient operator that has obtained recognition based on an international framework concerning the handling of Personal Information (e.g., recognition by the APEC Cross-Border Privacy Rules ). \n \n \n \n With respect to a foreign country where a recipient is located, the prior consent requirement does not apply to countries that are specified in the PPC rules as having a system for the protection of Personal Information equivalent to that required under Japanese law. The EEA and UK have been designated by the PPC as exempted regions as of August 2025. "]
["12. How are data \"incidents\" and \"breaches\" defined?","The General Guidelines define “leak” as a leakage of Personal Data to outside parties, “loss” as a loss of Personal Data, and “damage” as unintended changes to the content of Personal Data or as content becoming unusable while being retained.\n"]
["13. Are there any notification requirements for incidents and/or data breaches?"," In certain data breaches (meaning leakage, loss, damage, or a risk thereof), a report must be submitted to the PPC and a notification submitted to the affected individuals under the APPI .   Under the APPI and the PPC rules, where any leakage, loss, or damage of Personal Data (“Data Breach”) that falls under the following thresholds occurs, may occur, or may have occurred, in principle, a Business Operator Handling Personal Information is required to report the fact to the PPC and notify the affected individuals of the fact, regardless of whether the business operator caused the Data Breach intentionally or negligently: \n \n Data Breach involving Special Care-Required Personal Information; \n Data Breach that is likely to cause proprietary damage as a result of an unauthorized use of the Personal Data; \n Data Breach that may have occurred for an improper purpose; or \n Data Breach that involves the Personal Data of more than 1,000 individuals. With respect to reports to the PPC , there is a two-stage deadline applicable to initial reports and final reports.  The Business Operator Handling Personal Information must (i) promptly (approximately within 3 to 5 days) report to the PPC the matters of which the business operator is aware at the time of the report, and (ii) make a final report to the PPC within 30 days (or, in the case of a Data Breach that may have occurred for an improper purpose, 60 days), after someone at the business operator becomes aware of the potential or actual Data Breach. The final report must include the following information: \n \n an outline of the Data Breach; \n types of affected Personal Data; \n the number of affected individuals; \n the cause of the Data Breach; \n whether any secondary damage will occur or is likely to occur, and if so, the details of the secondary damage; \n the status of communications with the affected individuals and a public announcement; \n the measures for preventing a recurrence; and \n other matters for reference. \n \n \n \n With respect to notifying the affected individuals, a Business Operator Handling Personal Information must promptly issue a notification and provide an outline of the Data Breach to the extent necessary to protect the individual’s rights and interests (depending on the circumstances of the Data Breach). However, if the business operator makes information about the Data Breach publicly available or establishes a contact point and discloses the contact’s information, the notification will not be required. "]
["14. Who is/are the privacy regulator(s)?","Under the \nAPPI, the Personal Information Protection Commission (\"\nPPC\").\n\n\nUnder the \nAPPI, the \nPPC is responsible for its enforcement in the private sector. The \nPPC can request reports and issue recommendations and orders, as well as conduct on-the-spot inspections.\n"]
["15. What are the consequences of a data breach?","The \nPPC may request reports on the handling of Personal Information, and they may issue recommendations or corrective orders.  A breach of a corrective order is a criminal offense, punishable by imprisonment with work for not more than one year, or a fine of not more than JPY 100,000,000.\n\n\nUnder the \nAPPI, the\n PPC may request reports on the handling of Personal Information and may issue recommendations or corrective orders if a Business Operator Handling Personal Information breaches an individual’s privacy and violates the \nAPPI.\nBefore issuing a corrective order, the PPC may take an incremental approach and instruct, advise and make recommendations to business operators governed by the \nAPPI. A breach of a corrective order is a criminal offense and the person responsible may be punished by imprisonment with work for a maximum of one year or a maximum fine of JPY 1,000,000. A Business Operator Handling Personal Information that has violated said act will also be subject to a maximum fine of JPY 100,000,000.\n"]
["16. How is electronic marketing regulated?"," The Specified E-Mail Act regulates the transmission of e-mail as a means of advertising sales activities, and the Act on Specified Commercial Transactions , in the case of online selling, in principle, prohibits a company from transmitting certain types of e-mail advertisements without obtaining the customer’s consent. \n \n The Act on Specified Commercial Transactions (Act No. 57 of 1975) (\" ASCT \"). Under the ASCT , in principle, a company must not provide an advertisement of its sales terms by e-mail without the customer’s prior request or consent. When a company provides such an advertisement by e-mail with the customer’s consent, the company must record and preserve the consent. The  ASCT also contains rules for other forms of marketing, such as telemarketing, mail order sales, multilevel marketing, and offers for the provision of certain long-term services. \n The Act on the Regulation of Transmission of Specified Electronic Mail (Act No. 26 of 2002) (\" Specified E-Mail Act \") The Specified E-Mail Act regulates the transmission of e-mail as a means of the advertisement of sales activities (Specified E-mail). Under this law, a company, in principle, must not transmit Specified E-mail without the customer’s prior request or consent. The content of the regulation is similar to  ASCT . \n "]
["17.\tAre there sector-specific or industry-specific privacy requirements?","For the financial sector, medical sector, employment sector, and telecommunications sector, there are industry-specific guidelines published by the competent authorities.\n\n\nFinancial sectorFor credit card business and business that uses genetic information, the Ministry of Economy, Trade, and Industry (“\nMETI”) has issued the following guidance: the \nGuidelines for Personal Information Protection in the Credit Industry and the Guidelines for the Protection of Personal Information in Business Using Genetic Information of Individuals in the Economic and Industrial Sectors. For the financial sector (except the credit card industry, which is regulated by \nMETI), the Financial Services Agency has issued the following guidance: the \nGuidelines for Personal Information Protection in the Financial Sector and the Practical Guidelines for Security Policies regarding Personal Information Protection in the Financial Sector.Medical sector For the medical sector, the Ministry of Health, Labour, and Welfare (“\nMHLW”) has issued the following guidance: \nGuidance for the Appropriate Handling of Personal Information by Medical or Care-related Service Providers; Guidance concerning Safety Management of Medical Information Systems; the Ethical Guidelines concerning Medical Research Targeting Humans; the Guidelines concerning Gene Therapy Clinical Research; and the Ethical Guidelines concerning Research on Assisted Reproduction Technologies that Produce Fertilized Embryos. Employment sectorFor the employment and welfare areas, the \nMHLW has issued the following guidance: the \nNotice regarding the Handling of Personal Information Constituting Health Information in Employment Management; Guidance for the Appropriate Handling of Personal Information by Health Insurance Societies, etc.; Guidance for the Appropriate Handling of Personal Information by National Health Insurance Societies; Technical Security Measures regarding Personal Information in the Private Pension Area; the Guidelines for Appropriate Management of Obligations by Employment Placement Service Providers, Employers Seeking Employees, Worker Recruiters, Worker Recruitment Agents, Recruitment Information Providers or Worker Suppliers, etc.; the Guidelines concerning Measures which Staffing Service Providers are Required to Take; and the Guidelines for Appropriate Handling by Supervising Organizations with a Statement of Working Terms of Personal Information of Implementers of Intern Training Supervised by Organizations or Technical Intern Trainees at Training Supervised by Organizations, etc.Telecommunications sectorFor the telecommunications sector, the Ministry of Internal Affairs and Communications has issued the following guidance: the \nGuidelines concerning the Protection of Personal Information in Telecommunications Businesses; the Commentary on the Guidelines concerning the Protection of Personal Information in Telecommunications Businesses; the Guidelines concerning the Protection of Personal Information of Broadcast Receivers; the Guidelines concerning the Protection of Personal Information in the Postal Business; and the Guidelines concerning the Protection of Personal Information in the Correspondence Delivery Business."]
["18.\tWhat are the requirements for appointing Data Protection Officers or similar roles?","The \nAPPI does not specifically require that a Business Operator Handling Personal Information appoint a data protection or similar officer. However, the General Guidelines state that a Business Operator Handling Personal Information must take security measures for the handling of Personal Information, with an example of such a security measure being “appointment of a person in charge of the handling of Personal Information.”\n"]
["19.\tWhat are the record-keeping and documentation obligations?"," \n A Business Operator Handling Personal Information must, when having provided Personal Data to a third party (excluding state organs, local governments, incorporated administrative agencies, and local independent administrative institutions), keep a record of the matters below unless the Personal Data transfer falls under any exceptions provided in the APPI , and the record must be retained for basically three years from the date when the record was prepared.\n \n In the case where Personal Data is provided to a third party without the individual’s consent based on a legal basis provided in the APPI : \n \n the date of the Personal Data provision; \n the name and postal address of the third party and, for an entity, the name of its representative (in the case where Personal Data was provided to a large number of unspecified third parties, that fact); \n the name of the individual and other information that can identify the individual; and \n the elements of Personal Data provided to the third party. \n \n \n In the case where Personal Data is provided to a third party without the individual’s consent based on a legal basis provided in the APPI : \n \n the fact that the individual’s consent has been obtained; \n the name and postal address of the third party and, for an entity, the name of its representative (in the case where Personal Data was provided to a large number of unspecified third parties, that fact); \n rhe name of the individual and other information that can identify the individual; \n the elements of Personal Data provided to the third party. \n \n \n \n \n Under the APPI , a Business Operator Handling Personal Information must, when receiving the provision of Personal Data from a third party, confirm the following matters unless the Personal Data provision falls under any exceptions provided in the APPI :\n \n the name and postal address of the third party and, for an entity, the name of its representative; and \n the circumstances under which the Personal Data was acquired by the third party. When having confirmed the above, a record must be kept of the date the provision of Personal Data was received, the items above, the date the Personal Data was provided, and other matters prescribed by the PPC rules . As a general rule, the record must be retained for three years from the date the record was prepared. \n \n \n "]
["20.\tWhat are the requirements for conducting Data Protection Impact Assessments (DPIAs)?","There are no specific requirements to conduct \nDPIAs under the \nAPPI.\n"]
["21.\tWhat are the requirements for third-party vendor management and data sharing?","Under the \nAPPI, when a Business Operator Handling Personal Information entrusts a third party with the handling of Personal Data in whole or in part, it must exercise necessary and appropriate supervision over the trustee to ensure the security control of the entrusted Personal Data. According to the \nGeneral Guidelines, a Business Operator Handling Personal Information must appoint an appropriate trustee, execute an agreement with the trustee, and confirm how Personal Data is actually handled by the trustee.\n"]
["22.\tWhat are the penalties and enforcement mechanisms for non-compliance?"," \n If a Business Operator Handling Personal Information (or any of its officers, representatives, or administrators if it is a corporation (including an organization without legal personality that has provided for one or more representatives or managers)), any of its employees, or any person who used to be that business or an employee has provided or misappropriated a Personal Information Database or the equivalent (including a Personal Information Database or the equivalent all or part of which has been reproduced or processed) that they handled in the course of their business for the purpose of seeking their own or a third party’s illegal profits, they may be subject to imprisonment with work for not more than one year or to a fine of not more than JPY 500,000. \n If an order by the PPC is violated, the person who committed the violation may be subject to imprisonment with work for not more than one year or to a fine of not more than JPY 1,000,000.  \n In the case where a person fails to comply with the obligation to submit a report to the PPC , that person may be subject to a fine of not more than JPY 500,000. \n In the case of 1. and 2. above, the corporation may also be subject to a fine of not more than JPY 100,000,000. In the case of 3. above, the corporation may also be subject to a fine of not more than JPY 500,000. \n "]
["23.\tWhat are the ongoing compliance and audit requirements?","A Business Operator Handling Personal Information must take necessary and appropriate measures for managing the security of Personal Data, including preventing leakage or loss of, or damage to, the Personal Data it handles. In addition, in having an employee handle Personal Data, a Business Operator Handling Personal Information must exercise necessary and adequate supervision over that employee to ensure the secure management of the Personal Data. \n\n\nPlease reference Question 7."]
["24. Are there any recent developments or expected reforms?"," \n \n The European Commission decided that Japan ensures an adequate level of protection of Personal Data pursuant to Article 45 of the GDPR (the “ Adequacy Decision ”) in January 2019 and decided to maintain the Adequacy Decision in 2023. Considering the differences between the APPI and the GDPR , and in order to ensure a high level of protection of an individual’s rights and interests, the PPC has issued the Supplementary Rules. With respect to Personal Data that are transferred from the EU based on the Adequacy Decision , the Supplementary Rules provide special rules on the (i) scope of Special Care-Required Personal Information; (ii) scope of retained Personal Data; (iii) obligation to confirm and make a record of the purpose of use and restriction based on the purpose of use; (iv) restriction on onward transfer (provision of Personal Data to a third party in a foreign country); and (v) scope of anonymously processed information. \n \n \n \n The 2020 amendment to the APPI was enacted on June 5, 2020, and promulgated on June 12, 2020, and significant parts of the amendment entered into force on April 1, 2022. In the 2020 amendment, it is provided that the government will review the APPI every three years, taking into account international trends in Personal Information protection and other considerations. The APPI is currently undergoing this triennial review, and a bill to amend the APPI is expected to be submitted to the ordinary Diet session scheduled to be held from February to June 2026. \n \n \n Further, the 2021 amendment to the APPI was enacted on May 12, 2021, and promulgated on May 19, 2021. A part of the 2021 amendment also entered into force on  April 1, 2022. The 2021 amendment largely dealt with the public sector and academic research institutions, and the changes to provisions regarding the private sector mainly involve article numbering. \n \n "]