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Act on Electronic Signatures and Certification Business (Electronic Signatures in Global and National Commerce Act) and related laws and ordinances

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Background and Purpose of the Law

  • As can be seen from the rapid spread of the Internet and mobile phones, networks are not only used in traditional business-to-business communications, but are also penetrating into people's lives in general, and are used in a wide range of social and economic activities in Japan, including online application, e-commerce, the use of the Internet in education, games, teleworking, etc.
  • Since face-to-face contact with the other party is not required for communication on the Internet, etc., it is necessary to confirm whether the recipient and the sender of the information are really the same person and whether the information has been altered in the middle. As an effective means for this purpose, electronic signatures and authentication services using encryption technology are used.
  • However, if it is not clarified 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 when there is a lawsuit regarding information distributed on networks, and this may hinder the spread of electronic transactions, etc.
  • Therefore, the Government aims to secure the smooth use of electronic signatures by citizens and further promote social and economic activities using networks, including electronic commerce, by establishing the presumption of the authenticity of electronic or magnetic records, the certification 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 an electromagnetic form and information processing by ensuring the smooth use of electronic signatures, and thereby contribute to the improvement of the lives of the people and the sound development of the national economy, by providing for the presumption of the authenticity of electronic or magnetic records, the certification system for specified certification services, and other necessary matters concerning electronic signatures

2. Content

1. Presumption of Authentic Establishment of Electromagnetic Records

A provision shall be established to the effect that if a certain electronic signature has been made by the person concerned with respect to information recorded in an electromagnetic record, it shall be presumed that the information is truly established (Article 3).
*Electronic signature: A measure, such as encryption, taken for the purpose of indicating the creator of information recorded in an electromagnetic record, which is taken in a verifiable manner if there is any alteration.

2. Certification system for specified certification services

  1. Certification, etc. of Specified Certification Business (Articles 4 to 16)
    Among certification services (services to prove that information used to confirm electronic signatures is related to the person), those that satisfy certain requirements are defined as specified certification services, and a person who intends to perform these services may be certified by the competent minister (the Prime Minister and the Minister of Justice). Requirements for certification, obligations of a person who performs specified certification services that have been certified, and provisions to make it possible to indicate that the certified services have been certified will be established. In addition, the handling of foreign certification business operators, etc. will be stipulated. (It is stipulated that a person who has been sentenced to imprisonment or a heavier punishment, a person who has been sentenced for violating this Act, or a person whose certification has been revoked will not be certified for a certain period of time.)
  2. Designated Investigation Institution, etc. (Articles 17 to 32)
    In granting certification services, the competent minister may have a person designated by the competent minister (a designated evaluation body) conduct all or part of the evaluation.

3. Other necessary matters

  1. Support for Specified Certification Services
    In order to facilitate the smooth implementation of certification systems for specified certification services, the Prime Minister shall conduct surveys and research on the evaluation of technologies related to electronic signatures and certification services, and shall endeavor to provide necessary information, advice, and other assistance to persons who conduct specified certification services and their users (Article 33).
  2. Education and public relations activities
    Article 34 stipulates that the State shall endeavor to deepen the public's understanding of electronic signatures and certification operations through educational and publicity activities.
  3. Roles of the National Public Safety Commission
    It is stipulated in Article 37 that National Public Safety Commission may request the competent minister to take necessary measures when it is deemed necessary to prevent serious damage from occurring in relation to the certified specified certification business.
  4. Penalty
    The act of a user causing an accredited certification business operator, etc. to provide false proof shall be punished by imprisonment with work for not more than three years or a fine of not more than 2 million yen (Article 41).

3. Effective Date

April 1, 2001 (2001)

Relevant laws and ordinances, etc.

Law

Government ordinance

Ministerial ordinance

Notification

Other