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Act on Electronic Signatures and Certification Business (Electronic Signatures in Global and National Commerce Act) and laws and regulations concerned

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Background and Purpose of the Law

  • As seen in the rapid spread of the Internet and mobile phones, networks are now used not only for business-to-business communications but also for a wide range of socioeconomic activities in Japan, including online application, e-commerce, the Internet in education, games, and teleworking.
  • In communications on the Internet, etc., it is not necessary to face the other party, so it is necessary to confirm whether the receiver and sender of the information are really the same person and whether the information has been altered during the process. Electronic signatures and authentication services that apply encryption technology are used as effective means for this.
  • However, if it is not made clear how electronic signatures and authentication services are legally handled, even if electronic signatures and authentication services are used as a means of identity verification, etc., it is impossible to predict how electronic signatures and authentication services will be evaluated and what kind of solution will be reached in the event of a lawsuit related to information circulating on the network. This may hinder the spread of e-commerce, etc.
  • Therefore, the purpose of this Act is to ensure the smooth use of electronic signatures by citizens and further promote social and economic activities using networks, including electronic commerce, by providing for the presumption of the authenticity of electromagnetic records, the accreditation system for specified certification services, and other necessary matters concerning electronic signatures.

Outline of the Law

1. Purpose

To promote the distribution of information in electronic or magnetic form and information processing by ensuring the smooth use of electronic signatures by providing for the presumption of the authenticity of electronic or magnetic records, the accreditation system for specified certification business, and other necessary matters with regard to electronic signatures, thereby contributing to the improvement of the lives of the people and the sound development of the national economy;

2. Details

1. Presumption of authenticity of electromagnetic records

Regulations shall be established to the effect that information recorded in electromagnetic records shall be presumed to be authentic if a certain electronic signature has been affixed by the Principal. (Article 3)

*Electronic signature: A measure, such as encryption, taken for the purpose of identifying the creator of the information recorded in an electromagnetic record, which is verifiable if it has been altered

2. Accreditation System for Specific Certification Business

  1. Accreditation, etc. of Specified Certification Business (Articles 4 to 16)
    • Among certification operations (operations to certify that information used to confirm electronic signatures is related to the person), those that satisfy certain requirements are defined as specified certification operations, and those that intend to perform them may be accredited by the competent ministers (the Prime Minister and the Minister of Justice). Requirements for accreditation, obligations of persons that have been accredited to perform specified certification operations, and provisions to indicate the fact of accredited operations are established. In addition, the handling of foreign certification business operators, etc. is stipulated. (It is stipulated that those who have been sentenced to imprisonment or more severe punishment, those who have been sentenced to punishment for violating this Act, and those who have had their accreditation rescinded will not be accredited for a certain period of time.)
  2. Designated Investigation Institution, etc. (Articles 17 to 32)
    • In certifying certification operations, the competent minister may designate a person (a designated evaluation body) to perform all or part of evaluations.

3. Other necessary matters

  1. Assistance, etc. for Specified Certification Business
    • In order to facilitate the implementation of the accreditation system for specified certification business, the Prime Minister provides that the Minister must conduct surveys and research on evaluation of technology pertaining to electronic signatures and certification business, and endeavor to provide necessary information, advice, and other assistance to persons who perform specified certification business and users thereof. (Article 33)
  2. Public education and publicity activities
    • It is provided that the State shall endeavor to deepen citizens' understanding of electronic signatures and certification operations through educational and publicity activities (Article 34).
  3. Roles of the National Public Safety Commission
    • National Public Safety Commission stipulates that it may request the competent minister to take necessary measures if it finds it necessary in order to prevent serious damage in relation to the accredited Specified Certification Business (Article 37).
  4. Penalties
    • It stipulates that a user shall be punished by imprisonment with work for not more than three years or a fine of not more than 2 million yen for the act of having an accredited certification business operator, etc. provide false certification (Article 41).

3. Effective Date

April 1, 2001 (2001)

Law

Cabinet Order

Ordinance of the

Announcement

Other: