OGAWA Administrative Law Firm | Privacy Policy | Amended Personal Information Protection Act | GDPR | CCPA |
top of page

GYOSEISHOSHI in Yotsuya, Shinjuku

OGAWA GYOSEISHOSHI JIMUSHO

Compliance with the April 2022 Revision of the Personal Information Protection Act
Leave it to us for preparing Privacy Policy!

プライバシーポリシー

Since the Privacy Act was amended on April 1, 2022, it is necessary to respond to the amendment of your privacy policy. Our firm has extensive experience in creating privacy policies and can also create privacy policies that comply with the revised Personal Information Protection Act. If your company has not yet complied with the revision of the Personal Information Protection Act, please contact our firm for the necessary amendments to your privacy policy as soon as possible.

Major Amendments:

  • Rights to suspend use and erase personal data in business entity's possession have been expanded.

  • Individuals can now specify the method of disclosure of retained personal data of business entities.

  • Short-term stored data that the business entity erases within 6 months is now included in retained personal data.

  • The scope of information that can be provided to third parties has been restricted.

  • Individuals can now request disclosure of records provided to third parties.

  • The Personal Information Protection Commission and the individual must be notified when information is leaked and there is a risk of harm to the individual's rights or interests.

  • Penalties for violation of the Personal Information Protection Act strengthened.

  • Establishment of "Pseudonymized Processed Information"

  • Tighter regulations for businesses located overseas, etc.

In addition to the response to the revision of the Personal Information Protection Act, there has been no end to the incidents of personal information leaks by businesses, and the momentum for the protection of personal information is growing worldwide, making the handling of personal information one of the most important topics for businesses to pay attention to.

 

For example, the EU General Data Protection Regulation (commonly known as GDPR), which became effective on May 25, 2018, has stricter provisions regarding the handling of personal data by businesses as follows

(1) Expansion of the scope of personal data (PC cookie information and browsing history are included in the scope of personal data),
(2) Expansion of the scope of application (businesses outside the European Economic Area (EEA) may also be subject to the application),
(3) Higher fines for violators, etc.

In addition, the California Consumer Protection Act (commonly known as the CCPA) was taken effect on January 1, 2020, and in line with these global trends, stricter personal information protection laws are being considered in Japan, making the creation and review of privacy policies a very important issue for businesses that obtain, store and use customers' personal information.

Our administrative scriveners (GYOSEISHOSHI) have experience in drafting privacy policies that comply with the GDPR, as well as in drafting and reviewing privacy policies that comply with Japan's Personal Information Protection Act.

Fee 1,000$ (excl.tax)

TEL: 090-7702-8565

E-mail: tomoharu_ogawa@adminlaws.com

LINE_P2022923_083252.jpg
What is privacy policy? ?

1.What is the Privacy Policy?

The privacy policy is a statement of the policy and approach to the handling of personal information by a business operator that handles personal information. Specifically, it generally describes the scope of acquisition of personal information; purpose of use of personal information; whether or not personal information is provided to third parties, and if so, the details thereof; whether or not personal information is shared, and if so, the details thereof; matters concerning correction, addition, deletion, suspension of use, and deletion of retained personal data; the name and contact information of the person responsible for personal information protection; and other relevant information; the name and contact information of the person in charge of personal information protection.


Although the Privacy Act does not mandate the formulation of a privacy policy, many businesses are expected to formulate a privacy policy and publish it on their websites because formulating and publishing a privacy policy that conforms to the Act makes it easier to meet the Act's requirements for obtaining personal information and for other purposes.

2. Main contents of the privacy policy

(1) Purpose of use
The Personal Information Protection Act requires that the purpose of use of personal information be clearly stated when personal information is acquired (Article 18, Paragraphs 1 and 2 of the same Act), so it is widely adopted to publish a privacy policy stating the purpose of use on the website in advance for customers to view before acquiring personal information.

 

(2) Whether or not personal data is provided to a third party and the details of such provision
When providing retained personal data to a third party, prior consent must be obtained from the individual concerned (Article 23, Paragraph 1 of the Act). Therefore, it is considered that the party to whom the personal data is provided as the third party, the scope of the personal data to be provided, and the purpose of use by the third party should be stated in the privacy policy in advance.

(3) Existence and details of joint use

In the case of joint use of personal data with a specific party (e.g., a group company), the Company must notify the individual of the joint use, the items of personal data to be jointly used, the scope of the joint users, the purpose of use by the joint users, and the name of the person responsible for managing such personal data (Article 23, Paragraph 5, Item 3 of the same Act ), so it is considered to include such information in the privacy policy in advance.

(4) Request for correction, addition or deletion

If the content of personal data held by a business operator handling personal information is not true, the privacy policy is considered to state that the business operator can be requested to correct, add to, or delete the personal data (Article 29, Paragraph 1 of the Act).

TEL: 090-7702-8565

E-mail: tomoharu_ogawa@adminlaws.com

LINE_P2022923_083252.jpg

TEL: 090-7702-8565

E-mail: tomoharu_ogawa@adminlaws.com

LINE_P2022923_083252.jpg
bottom of page