Law Concerning the Promotion of the Use of Electronic Power of Attorney (Electronic Power of Attorney Law) and Relevant laws and regulations
- Last Updated:
Updates
- March 9, 2026 Other:.
Background and Purpose of the Law
Electronic procedures, such as contract applications and applications to government agencies, can reduce costs, improve the efficiency of information management, and improve the convenience of citizens. Therefore, companies and government agencies are moving forward with electronic procedures.
In these electronic procedures, proving that an employee, etc. of a corporation has been delegated the authority to carry out the procedures by the representative of the corporation and enabling the employee, etc. to carry out the procedures contributes to the realization of a "digital-first" society.
This law stipulates basic guidelines for promoting the spread of "electronic power of attorney," which is an electromagnetic record indicating that a representative of a corporation has given an employee the right to represent, and establishes a system for certifying services for handling electronic power of attorney.
Outline of the Law
1. Purpose
In view of the fact that ensuring the reliability of electronic power of attorney has become a problem in electronic contracts amid the increasing number of business operators that prepare and store contract-related documents using electronic information processing systems and other information and communications technologies, the improvement of technologies for ensuring the safety and reliability of information transmitted through information and communications networks, and other changes in the environment surrounding electronic contracts, the promotion of electronic contracts and other economic activities using advanced information and communications networks will be promoted by establishing basic guidelines for promoting the spread of electronic power of attorney and establishing a system for certifying electronic power of attorney handling services.
2. Details
(1) Basic Guidelines, etc.
The competent minister shall establish basic guidelines to promote the spread of electronic power of attorney. (Article 3)
The State shall endeavor to deepen the understanding of parties to electronic contracts and other related parties regarding electronic power of attorney through public relations activities, etc. (Article 4).
(2) Certification, etc. of Electronic Power of Attorney Handling Services
- Certification, etc. of Electronic Power of Attorney Handling Services (Article 5 to Article 12)
- A person that handles or seeks to handle electronic power of attorney services (services through which, for the purpose of indicating the grant of authority to represent, an electronic power of attorney is entrusted by a business that is to be one party to an electronic contract to store the electronic power of attorney and to present or submit the electronic power of attorney to the person that is to be the other party to the electronic contract, the person's employee, or other relevant persons, by a method that uses an electronic data processing system or by a method that uses other information and communications technology) may be certified by the competent ministers, and in addition to stipulating certification requirements, provisions have been established to enable the indication of certification procedures, special provisions to the Telecommunications Business Act, and certified services.
(3) Other necessary matters
- Collection of Reports and On-Site Inspection (Article 13)
- To the extent necessary for the enforcement of this Act, the competent ministers may have a person that has been certified (a certified electronic power of attorney handling business operator) report on the electronic power of attorney handling services to which the certification pertains, or have the competent ministers' officials enter the business site, office, or other workplace of the certified electronic power of attorney handling business operator, inspect the status of the electronic power of attorney handling services to which the certification pertains or its books, documents, and other articles, or question the persons concerned.
- Penal Provisions (Articles 16 to 19)
- Providing to the effect that a fine of not more than 500,000 yen shall be imposed in cases where an indication to the effect that it is a certified service or an indication that is confusingly similar thereto is affixed to a Specified Electromagnetic Record, etc. used for a purpose other than the certified Electronic Power of Attorney Handling Service
3. Date of enforcement
January 1, 2018
Relevant laws and regulations, etc.
Law
Cabinet Order
Ordinance of the
Ordinance for Enforcement of the Act on Promotion of Use of Electronic Power of
Application documents (Forms 1 through 11) (Word / 68 kb) (updated on December 14, 2023)