Canada    FinTech Guide    Chapter 9    Japan


9. Analytics and Research / Data Management / Risk Management
Japan  Japan

The Japanese Cabinet decision on Growth Strategy 2017 (June, 2017) noted the importance to use and utilize big data, and that the use of and utilization of the big data environment has been developing by enforcement of the revised Act on the Protection of Personal Information and so on. On the other hand, it is said that more than 80% of consumers have a sense of unease to provide personal data in Japan, and the tolerance regarding providing personal data is lower than for consumers in the US, UK, Germany, China and Korea.



Legal Affairs


In the case a provided data is applicable to "personal information" under the Act on the Protection of Personal Information, data and risk management or analytic and research services described above are regulated by the Act on the Protection of Personal Information. However, then, the case of the provided data is a kind of statistical information resulting from analysis of personal information (information which does not enable the identification of the specific individual), this services described above is exempt from this regulation.

In the case of obtaining, using and/or providing information with respect to telecommunications, you need to pay attention to "the Secrecy of Communications" (Telecommunications Business Act, Art. 4, para. 1). In the case of obtaining information, FinTech service providers need to pay attention to the Act on Prohibition of Unauthorized Computer Access (this Act is to prohibit acts of unauthorized computer access) and Unfair Competition Prevention Act (this Act is to protect trade secrets). In addition, in the case of providing personal information, FinTech Service providers need to bear in mind the risk of Tort liability based on a breach of privacy. Also, they need to pay attention to the Copyright Act (there is possibility that a database might be subject to copyright).



Economic Conditions


According to private research, the scale of the big data and the annalistic software market in 2016 is about JPY 228.26 billion, and this market achieves high growth as the growth rate ratio to the previous year is 8%.

According to private research, the market share of business annalistic software (in term of monetary amount) in 2013 is as below. The top market share was Oracle Corporation Japan, which captured 24.1%. The second market share was SAP Japan, which captured 14.0%. The third market share was IBM Japan, which captured 11.1%. Then following, the fourth market share captured 9.2%, and the fifth market share captured 6.0%.



Contributing Authors

Ushijima & Partners

Hiroyasu Kageshima
Tokyo, Japan

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Disclaimer:
The information in this guide provides a general overview at the time of publication and is not intended to be a comprehensive review of all legal developments nor should it be taken as opinion or legal advice on the matters covered. It is for general information purposes only and readers should take legal advice from a Multilaw member firm.

Publication Date: 1 May 2018