Information Technology

The strategic use of data, including personal data, is becoming increasingly important, and compliance in data-related issues is becoming more complex. Our firm has extensive experience in advising on a wide range of issues in the manufacturing, telecom/technology, advertising, finance, real estate, transportation and other sectors, including advice on handling data in transactions and projects, establishing and operating compliance programs in Japan and globally, and data leakage incidents (including cyber security response, internal investigation and litigation).

In data privacy, it is often necessary to make a coordinated global response, addressing regulations in both Japan and other countries at the same time. Our firm is a member of Privacy Rules, the only international law firm network dedicated to the fields of privacy and cybersecurity, and we have a system in place to respond to cross-border data and technology issues in a one-stop, speedy and efficient manner. In collaboration with this organization, we advise not only on Japanese law, but also on the General Data Protection Regulation (GDPR) in Europe, the General Data Protection Regulation in the United Kingdom (UK GDPR), the California Consumer Privacy Act (CCPA), the California Privacy Rights Act (CPRA), and the Personal Information Protection Law (PIPL) in China, as well as similar laws in other jurisdictions, all of which have a significant impact on Japanese companies.

The IT and telecommunications sectors are experiencing significant changes due to digitalization and other innovations. Businesses that were not regulated in the past are rapidly becoming subject to regulation under the Telecommunications Business Act (TBA) due to their provision of services on websites or apps. We advise on a wide range of issues under the TBA and the Radio Act (including notifications and registrations under the TBA and acting as registered agent in Japan), as well as contract negotiations and M&A, and represent clients in disputes between telecommunications companies. Our clients on telecommunications issues are both Japanese and foreign, and are in a wide range of sectors, including IT, telecom, media, satellite communications and broadcasting.

Information and operational technology systems have become indispensable, and it has become increasingly important to use software and cloud services and to address system problems and failures. In addition, the use of AI and big data has created new legal issues, both for IT-related businesses and businesses in other sectors that use IT to provide their own services.

In reviewing IT-related procedures and compliance, it is essential to analyze not only laws such as the Civil Code, IP-related laws, and the Act on the Protection of Personal Information, but also "soft law" (regulatory guidance, industry practice) related to cybersecurity. Our specialized team of lawyers with IT expertise has extensive experience in advising both users and suppliers on contract negotiations when introducing, updating, or switching software or cloud services, establishing terms of service and service level agreements (SLA), dispute resolution (including litigation) arising from development failures, and responding to cyberattacks and other system failures (responding to customers, suppliers and regulatory authorities). On issues involving IP, we provide practical advice in collaboration with IGIP Iwata Godo Patent Attorneys Inc.

With the accelerating use of social media and other Internet communications, there is a growing risk that defamatory messages and data infringing on privacy will be disseminated. Once information is posted, others may quote it or repost it, causing further damage. As the majority of posts are anonymous, one must follow procedures under the Provider Liability Limitation Act in order to identify the sender or poster.

As legal advisor to a major Internet service provider, we have represented and advised on numerous lawsuits and unlitigated disputes relating to requests for disclosure of the identity of senders and posters.

Leveraging this experience, we assist victims of defamation and privacy infringement, including both corporate clients and their officers and employees, to demand that a content provider delete data and disclose the poster's identity, and to seek damages and criminal procedures against senders and posters, and also assist clients in responding to "iken shoukai" notices.

"Web 3" is a term coined by Ethereum co-founder Gavin Wood in 2014 to refer to a decentralized Internet ecosystem based on blockchain. It has attracted attention as a realization of a world where individuals can manage their data and assets more independently, free from the centralized Internet of IT giants. In Japan as well, research and practice of Web3 is being conducted by government agencies, large corporations and start-ups.

When doing business in Web3, it is necessary to deal with a wide range of legal issues, such as legal distinctions between equity funding and crypto funding, issues in conflicts between shareholder decisions and governance token decisions, and how to comply with financial and other regulations.

In addition to our experience in advising financial institutions, we have established a study group led by lawyers who have worked in Web3 companies in order to review the latest developments. We assist our clients in dealing with the complex legal issues, including issues related to ownership and transactions in digital assets (e.g., applicability of gambling laws), legal treatment of smart contracts, privacy and security issues, and rulemaking, by providing legal opinions, liaison with government agencies, and drafting terms of use for specific services.

As Web3 continues to evolve, new technologies will create new legal issues. We are committed to providing the best legal services to help our clients succeed as they open new horizons.