JAPAN Law and Practice Contributed by: Shingo Yamada, Yugo Komori, Yasuhiro Akita and Takuma Inoue, Oh-Ebashi LPC & Partners
Product Liability In Japan in recent years, a number of judgments have addressed the obligations of DPF providers in relation to products listed on their platforms. Specific cases are discussed in the Japan Product Liability & Safety 2026 Trends and Developments section of this Guide; on the basis of the reasoning in these judgments, it appears that a DPF provider would not necessarily be liable for damage caused to a purchaser simply because a product with a safety issue was listed and sold on its platform, but it may be exposed to liability where it continued to list a product whose specific danger it was aware of without removing it from the platform, thereby causing harm to the victim. 3.2 Future Policy in Product Liability and Product Safety In Japan, in recent years, discussions have been con - ducted on product safety and product liability in rela - tion to software, including AI, and various guidelines have been published. For example, the Act on the Promotion of Research, Development, and Utilisation of Artificial Intelligence– Related Technologies (commonly referred to as the “AI Act”) was enacted in 2025 in order to promote AI inno - vation while addressing associated risks. In 2026, the AI Business Operator Guideline was revised, which sets out the basic principles regarding the measures required for AI development, provision and use. The guideline defines the responsibilities of AI develop - ers, AI providers and AI users, taking into account not only generative AI but also AI agents and physical AI. The Guideline on Technical Measures for Ensuring AI Security was also issued in 2026, which specifically addresses the need to ensure AI security. With respect to cybersecurity, multiple guidelines have been issued, including the Cybersecurity Manage - ment Guideline. In 2025, the operation of the Labelling Scheme based on Japan Cyber-Security Technical Assessment Requirements (JC-STAR) began, which addresses cybersecurity for IoT devices. The Product Liability Act is also currently under review by the CAA. The CAA has conducted research and hearings about the contents and impact of the new Product Liability Directive in the European Union on
ing the details of the defect or the mechanism of the fire. Among more recent significant cases, there is a High Court judgment concerning the death of a nine-month- old infant who became trapped between a bed guard and a mattress. In this case, although warnings pro - hibiting use for infants under 18 months of age were included in the instruction manual, the court held that the bed guard was defective based on the fact that the warning was not displayed on the product itself. 3. Recent Policy Changes and Outlook 3.1 Trends in Product Liability and Product The amendments to the Four Product Safety Acts came into force on 25 December 2025. The principal content of the amendments is as follows. For further details, see the Japan Product Liability & Safety 2026 Trends and Developments section of this Guide. Strengthened Regulation of Overseas Business Operators In respect of overseas business operators selling through digital platforms (DPF) operated by other companies, and overseas business operators selling through their own Japan-facing websites, obligations have been introduced under the legislation in relation to Specified Products, including a duty to comply with technical standards; a prohibition on selling products without the conformity marking; and an obligation to Regulatory authorities are now empowered to request DPF providers, which provide a platform for transac - tions aimed at Japanese consumers, to take meas - ures such as removing listed products. Regulation of Specified Products for Children appoint a domestic administrator. Responsibilities of DPF providers Under the CPSA, manufacturers and importers of products used primarily by children that are desig - nated by Cabinet Order are now under an obligation to comply with technical standards and age-of-use standards and to display the PSC mark or equivalent. Safety Policy Product Safety
203 CHAMBERS.COM
Powered by FlippingBook