Which topic would you like to know more about?
What is the legal age of adulthood/ majority in your jurisdiction? Are all persons below this age considered a child/ minor?
The revised Civil Code of Japan, lowering the age of adulthood from 20 to 18, took effect on 1 April 2022, making Japan’s age of adulthood 18. However, 18- and 19-year-olds are not allowed to drink, smoke, or gamble.
Has the UNCRC been directly incorporated into national law in your jurisdiction?
No.
Not directly; however, some of the objectives of the UNCRC have been indirectly incorporated into Japanese domestic law. For instance, the four principles of the UNCRC have been reflected in the Basic Act on the Child, and Article 11 of that Act contains provisions based on the UNCRC’s “right to be heard” principle. Also, the Child Welfare Act was amended in 2016 based on the basic principles of the UNCRC, and Article 1 of that Act clearly states that children are subjects of rights.
Is there an ombudsperson/ commissioner for children in your jurisdiction?
Yes.
Although there is no law established by the Japanese national government that provides for an ombudsperson/commissioner for children, there are some local government ordinances and other rules establishing such positions at local level.
If there is an ombudsperson/ commissioner for children in your jurisdiction, do they have any responsibility for upholding children’s rights in the digital world or does the relevant regulator have sole competence?
Yes.
Their responsibilities vary by local government, but in general they provide individual redress through advice and support for violations of children’s rights and make recommendations to administrative bodies to eliminate violations. In general, digital rights are not explicitly excluded from or emphasized in connection with the competences of local ombudspersons/commissioners for children.
Is there any standalone requirement to collect the consent of one or both parents when processing a child’s personal data (irrespective of any other obligations, e.g. the requirement to have a legal basis for processing)?
Yes.
The “Guidelines on the Act on the Protection of Personal Information (General Rules)” issued by the Japanese data protection authority (the Personal Information Protection Commission) provide that if a minor does not have the capacity to assess the consequences of consenting to the processing of his/her personal information, it is necessary to obtain consent from a person with parental authority or a legal representative.
Please note that the Act on the Protection of Personal Information is reviewed periodically and various topics, including children’s personal data, are being discussed.
At what age can children legally consent to the processing of their own personal data, such that parental permission/ consent is not required?
Between
The official Q&A for the “Guidelines on the Act on the Protection of Personal Information (General Rules)” explains that, generally speaking, it is necessary to obtain consent from a person with parental authority or a legal representative if a data subject is 12 to 15 years old or younger (although each situation is to be evaluated on a case-by-case basis).
Please note that the Act on the Protection of Personal Information is reviewed periodically and various topics, including children’s personal data and age thresholds, are being discussed.
Are there specific requirements in relation to collection and/or verification of parental consent/ permission concerning the processing of a child’s personal data?
No.
However, please note that the Act on the Protection of Personal Information is reviewed periodically and various topics, including children’s personal data, are being discussed.
Are there any particular information or transparency requirements concerning the processing of children’s personal data?
No.
However, please note that the Act on the Protection of Personal Information is reviewed periodically and various topics, including children’s personal data, are being discussed.
Can children directly exercise their rights in relation to their personal data without the involvement of their parents?
Yes.
Under the Act on the Protection of Personal Information (APPI), children can exercise their rights in relation to their personal data without the involvement of their parents. It is not mandatory for them to exercise such rights through their parents/ guardians. Note that companies may set their own specific rules on how the company conducts identity verification of the data subjects when someone exercises their rights. In that case, all data subjects, including children, need to comply with the rules.
Please note that the APPI is reviewed periodically and various topics, including children’s personal data, are being discussed.
Can children make complaints on their own behalf directly to your national data protection/ privacy regulator(s)?
Yes.
Under the Act on the Protection of Personal Information (APPI), children can make complaints on their own behalf directly to the Japanese data protection authority (the Personal Information Protection Commission). It is not mandatory for them to make such complaints through their parents/ guardians. However, please note that the APPI is reviewed periodically and various topics, including children’s personal data, are being discussed.
Are there any particular requirements/ prohibitions related to:
a. processing specific types of children’s personal data;
b. carrying out specific processing activities involving children’s personal data; and/ or
c. using children’s personal data for specific purposes.
No.
However, please note that the Act on the Protection of Personal Information is reviewed periodically and various topics, including children’s personal data, are being discussed.
Has there been any enforcement action by your national data protection/ privacy regulator(s) concerning the processing of children’s personal data? In your answer, please include information on the volume, nature and severity of sanctions.
Yes.
In February 2024, the Japanese data protection authority (the Personal Information Protection Commission; PPC) issued administrative guidance to a large Gakushū juku (a “cram school”) in Japan in connection with an incident that occurred at the cram school. In the PPC’s explanatory paper, it is stated that “children’s personal data must be handled with particular care from the perspective of protecting children’s safety. Risks must be examined from multiple perspectives, such as organizational, human, physical, and technical perspectives, and it is necessary to take necessary and appropriate safety control measures for children’s personal data.”
Are there specific rules concerning electronic direct marketing to children?
No.
N/A
Are there specific rules concerning the use of adtech tracking technologies, profiling and/or online targeted advertising to children?
No.
N/A
Are there specific rules concerning online contextual advertising to children?
No.
N/A
Has there been any regulatory enforcement action concerning advertising to children? In your answer, please include information on the volume, nature and severity of sanctions.
No.
We are not aware of any regulatory enforcement actions relating to online advertisement to children.
At what age does a person acquire contractual capacity to enter into an agreement to use digital services?
A person is deemed to have the legal capacity to make a juridical act, including entering into a binding agreement to use digital services, when he/she has the mental capacity to do so; in Japan, this means a person is considered to have the intelligence of about a 7–10-year-old.
Under the Civil Law, in principle, if a minor (i.e., a person younger than 18) enters into a contract, the contract later can be cancelled. However, the contract may not be cancelled in certain cases, for example, (i) if the minor has obtained the approval of his/her legal representative to enter into the contract, and (ii) if the minor used fraudulent means to induce another person to believe that the minor had full legal capacity to act.
Do consumer protection rules apply to children?
Yes.
The Consumer Contract Act applies to contracts between a consumer and a business operator. The Act provides for a consumer’s rights to cancel contracts in certain situations, such as when the consumer has misunderstood or was distressed by certain actions of the business operator, and the law itself fully or partially nullifies any clauses in a consumer contract that exempt a business operator from liability for damages or otherwise unfairly harm the interests of consumers.
The Specified Commercial Transactions Act regulates specific types of transactions that tend to cause consumer problems, including e-commerce sales. Examples of rules that apply to e-commerce include the fact that certain items specified in the Act and relevant regulations must be included in e-commerce advertisements, and the prohibition on sending e-mail advertisements to a person who has not given consent to receive them.
Are there any consumer protection rules which are specific to children only?
No.
There are no consumer protection rules that are specific to children only.
However, the Consumer Contract Act obligates business operators to make efforts to ensure that, when soliciting consumers to enter into a consumer contract, and in order to deepen the consumer's understanding of the contract, the business operators must provide necessary information about consumer rights and obligations, while also taking comprehensive account of what the business operator knows about the age, physical and mental condition, knowledge and experience of each individual consumer in accordance with the nature of the goods, rights, services, and any other things that are relevant to the purpose of the consumer contract. Therefore, business operators have to take the ages of consumers into account.
Has there been any regulatory enforcement action concerning consumer protection requirements and children’s use of digital services? In your answer, please include information on the volume, nature and severity of sanctions.
No.
N/A
Are there any age-related restrictions on when children can legally access online/ digital services?
Yes.
Each local municipality has ordinances to promote the healthy upbringing of children under 18. Generally, these ordinances prohibit business operators from selling or making available pornographic content and services to children under 18.
Are there any specific requirements relating to online/ digital safety for children?
Yes.
There are many requirements relating to online/digital safety for children. Some examples include the following:
- The Act on Regulation on Soliciting Children by Using Opposite-Sex Introducing Service on Internet prohibits anyone from soliciting children under 18 through solicitation services such as dating apps and from deleting any solicitation communications relevant to children under 18.
- The Act on Establishment of Enhanced Environment for Youth’s Safe and Secure Internet Use requires that telecommunications carriers must confirm whether users are under 18 and, if so, to provide a filtering service which prevents children under 18 from accessing inappropriate information.
Are there specific age verification/ age assurance requirements concerning access to online/ digital services?
Yes.
Both the Act on Regulation on Soliciting Children by Using Opposite-Sex Introducing Service on Internet and the Act on Establishment of Enhanced Environment for Youth’s Safe and Secure Internet Use have age verification requirements concerning access to online/digital services.
Are there requirements to implement parental controls and/or facilitate parental involvement in children’s use of digital services?
Yes.
Under the Act on Establishment of Enhanced Environment for Youth’s Safe and Secure Internet Use, parents have a duty to endeavour to manage their children’s use of the Internet and to ensure their children acquire the ability to use the Internet properly.
Has there been any regulatory enforcement action concerning online/ digital safety? In your answer, please include information on the volume, nature and severity of sanctions.
No.
We are not aware of any regulatory enforcement actions relating to children’s online/digital safety.
Are there any existing requirements relating to children and AI in your jurisdiction?
No.
N/A
Are there any upcoming requirements relating to children and AI in your jurisdiction?
No.
N/A
Has there been any other regulatory enforcement activity to date relevant to children’s use of digital services? In your answer, please include information on the volume, nature and severity of sanctions.
No.
N/A
Are there any other existing or upcoming requirements relevant to children’s use of digital services?
Yes.
The Act on Establishment of Enhanced Environment for Youth’s Safe and Secure Internet Use is reviewed periodically and various topics, including children’s personal data, are being discussed. As of December 2024, the texts of the amendments had not been published.
Contributors
Yuko Kawai
Nishimura & Asahi
