Data Protection in Japan

Online privacy in Japan

There is no law in Japan that specifically addresses cookies, but it is generally considered that cookies fall under the definition of the Personally Referable Information and thus the transfer of such data would be regulated by the APPI in certain circumstances. In addition, if the information obtained through cookies may identify a certain individual in conjunction with other easily-referenced information (e.g. member registration) and it is utilized (e.g. for marketing purposes), such Purpose of Use of information obtained through the use of cookies must be disclosed under the APPI.

Moreover, under the Telecommunications Business Act, when providing telecommunications services to users as specified in the applicable Ministry of Internal Affairs and Communications ordinance and sending a telecommunication to the user’s device that gives a command to activate the device's information transmission function which transfers the information to third parties (such as third-party cookie), the service provider must take one of the following measures: (i) notify users of the content of information to be sent, Purpose of Use and the destination of information to be sent, or put these information in a condition where users can easily learn about it, (ii) obtain users consent, or (iii) take opt-out measures.

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