JAPAN Law and Practice Contributed by: Tsuyoshi Ikeda, Takaaki Someya, Muneharu Yamamoto and Hiroaki Miyauchi, Ikeda & Someya
in principle. On violation of the ARTSEM, an admin - istrative disposition ordering improvement is issued. 6.2 Telemarketing There are no specific rules applicable to inbound and/ or outbound telemarketing. 6.3 Text Messaging The ARTSEM (described in 6.1 Email Marketing ) is applicable to text messaging. 6.4 Targeted/Interest-Based Advertising Under the Act on the Protection of Personal Informa - tion (APPI), personal data may only be used within the scope of the purposes of use that has been pre - determined and publicly announced (or notified to the individual). If consumer advertising is not included in those stated purposes of use, targeted advertising or retargeting cannot be performed. 6.5 Marketing to Children There are no specific rules that apply to collection or use of personal information from children. 6.6 Other Rules There are no other particularly important rules related to advertising. 7. Sweepstakes and Other Consumer Promotions 7.1 Sweepstakes and Contests Under the AUPMR, the offering of premiums by means of lotteries is restricted. The maximum value of a single premium is limited to 20 times the value of the transaction to which the pre - mium is attached. (If the transaction value is JPY5,000 or more, the limit is capped at JPY100,000.) Additionally, the total value of all offered premiums must not exceed 2% of the projected total sales rev - enue of the transaction. 7.2 Contests of Skill and Games of Chance Even in cases where the winner is determined by skill- based competition, the offering of premiums is subject
to the AUPMR’s prize restrictions, without distinction from cases determined by chance, such as lotteries. 7.3 Registration and Approval Requirements Unless the facility is categorised as a game centre or similar establishment, no special prior permission is generally required. 7.4 Free and Reduced-Price Offers Discounts that deviate from the scope of normal busi - ness practices are subject to the premium restrictions under the AUPMR. Furthermore, excessively low pricing that unduly affects the competitive environment may constitute a violation of the Antimonopoly Act. 7.5 Automatic Renewal/Continuous Service Offers In the case of mail-order sales targeting consumers, there is an obligation to clearly specify the contract details, including the automatic renewal terms, in advertisements and on the application form/final con - firmation screen prior to the application. There are no legally binding rules or guidance related to the use of artificial intelligence (AI) in connection with the development of advertising content. 8.2 AI-Related Claims There are no special rules related to making claims that a product is developed through the use of AI, is powered by AI or has AI-related capabilities. 8.3 Chatbots There are no special rules related to the use of chat - bots. 8. Artificial Intelligence 8.1 AI and Advertising Content
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