JAPAN Law and Practice Contributed by: Hiromi Hayashi, Daisuke Tsuta, Masaki Yukawa and Keiichi Bando, Mori Hamada & Matsumoto
required to be observed, but are usually com - plied with by the relevant sectors as a matter of practice. Economic Security Under the Act on the Promotion of National Security through Integrated Economic Meas - ures, essential infrastructure businesses must file a plan with the government before introduc - ing or contracting out the management of cer - tain important equipment. The government will review the plan and may issue a recommenda - tion or order entities to modify or discontinue the plan if the government finds security issues. When contracting with designated essential infrastructure providers in Japan, this Act should be taken into consideration. Contractual risk management measures, including those related to cybersecurity, will be required. In March 2024, the Cabinet Office published a draft of reference contractual provisions as a ref - erence document. The specific elements to be included in telecom - munications service agreements depend on the type of telecommunication service being pro - vided. There are no universally mandated com - ponents. Businesses are required to adhere to the terms and conditions set forth by major cloud service providers. It is frequently challenging to nego - tiate special provisions within these terms and conditions. 7.2 Service Agreements and Interconnection Agreements Telecommunications carriers are obligated to comply with interconnection requests and can - not refuse them (TBA, Article 32). Telecommu - nications carriers who install Type I designated
telecommunications facilities must obtain MIC’s approval for their interconnection agreements and must also make these agreements public. Similarly, telecommunication carriers who install Type II designated telecommunications facilities must submit their interconnection agreements to the MIC and make them public. However, telecommunications carriers installing Type I designated telecommunications facilities are limited to NTT West and NTT East, while those installing Type II designated telecommu - nications facilities are primarily mobile service providers. 8. Trust Services and Digital Entities 8.1 Trust Services and Electronic Signatures/Digital Identity Schemes Electronic Signatures Japan does not have an equivalent to electronic identification and trust services (eIDAS) regula - tions to regulate trust services comprehensively, but the Act on Electronic Signatures and Cer - tification Business (Electronic Signatures Act) grants an “electronic signature” the same legal status as wet-ink signatures. An “electronic sig - nature” refers to a measure taken with respect to information recorded electronically and which meets both of the following requirements (Article 2): • having a measure to indicate that the relevant electronic information was created by the person who has taken that measure; and • having a measure to confirm that the relevant information has not been altered. Although government authorisation is not man - datory, nine electronic signature service provid -
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