Zeitschrift für Japanisches Recht
Heft Nr.12 / 6. Jahrgang 2001

New Regulations for E-Commerce in Japan

Masao Yanaga

 

I.      Basic Act on the Formation of an Advanced Information and Telecommunications Network Society

II.     Electronic Signature

III.    Private Electronic Certification Service

IV.    Electronic Certification Services based on the Commercial Registry

V.     Electronic Notary

VI.    Law amending certain statutes requiring the delivery of writing

VII.   Unfair Competition Act and Domain Names

VIII.  Unauthorized Computer Access Act

1.  Unauthorized Computer Access

2.  Assist to Unauthorized Computer Access

 

In order to catch up with the development in computer and telecommunication tech­nology, Japan has introduced or amended several statutes concerning electronic com­merce and computer law.[1]

First, the Basic Act on the Formation of an Advanced Information and Tele­communications Network Society[2] was adopted in order to promote the measures to realize an advanced information and telecommunications network society expeditiously and intensively. The Act provides the basic ideas and the basic policy for formulating measures, clarifying the responsibilities of the national and local governments. In ac­cordance with this Act, the Strategic Headquarters for Promoting an Advanced Informa­tion and Telecommunications Network Society (Kôdo Jôhô Tsûshin Nettowâku Shakai Suishin Senryaku Honbu) was established in the Cabinet.

Second, the Electronic Signature and Electronic Certification Service Act[3] now pro­vides a legal effect to certain electronic signatures and an accreditation scheme for private electronic certification service providers.

Third, the Commercial Registration Act[4] was amended in order to make it possible for the commercial registries to provide electronic certification services based on the commercial registration system.

 



[1]       It should be noted that the reports of the Study Group on the Legal System of Electronic Commerce, a study group sponsored by the Director of the Civil Affairs Bureau, Ministry of Justice, have much influence on such legislation. See the report of the system subcommittee <http://www.moj.go.jp/ENGLISH/CIAB/ciab-18.html> (in English) and the substantive law subcommittee <http://www.moj.go.jp/PRESS/000300-1.html> (in Japanese).

[2]       Kôdo jôhô tsûshin nettowâku shakai keisei kihon-hô, Law No. 144/2000.

[3]       Denshi shomei oyobi ninshô gyômu ni kansuru hôritsu, Law No. 102 /2000.

[4]       Shôgyô tôki-hô, Law No. 125/1963, last amended by Law No. 80/2001.