Act on Promotion of Dissemination of Electronic Power of Attorney (Electronic Power of Attorney Act) and relevant law

Background and purpose of the law

Electronic procedures for applying for contracts and applications to public authorities will lead to cost reductions, efficiency of information management, and convenience of the people, so companies and public authorities are working on digitization.
In these electronic procedures, it contributes to the realization of "Digital First" that employees, etc. of a corporation prove that the authority to perform the procedures has been delegated by the representative of the corporation, and that employees, etc. can perform the procedures.
This Act provides basic guidelines for promoting the dissemination of "electronic power of attorney," which is an electromagnetic record indicating that a representative, etc. of a corporation has granted authority to an employee, etc., and establishes a system for certifying services for handling electronic power of attorney.

An outline of the law

1. Purpose

In light of the fact that ensuring the reliability of electronic power of attorney has become a organization for electronic contracts amid changes in the environments surrounding electronic contracts, such as an increase in the number of business operators who prepare, store, etc. documents related to contracts by using electronic data processing Issue and other information and communications technologies and the improvement of technologies for ensuring the security and reliability of information transmitted through information and communications networks, the Government will promote economic activities using electronic commerce and other advanced information and communications networks through the promotion of electronic contracts 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. Content

(1) Basic Guidelines, etc.

The competent minister shall establish basic guidelines for promoting the dissemination 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 services for handling electronic power of attorney

Certification, etc. of Services for Handling Electronic Power of Attorney (Article 5 to Article 12)
A person who operates or intends to operate electronic power of attorney handling services (services to store an electronic power of attorney by a method using an electronic data processing organization or other information and communications technology, and to present or submit the electronic power of attorney to a person who is to be the other party to an electronic contract or to an employee or other related person of the person who is to be the other party to the electronic contract, for the purpose of indicating the granting of authority of representation) may obtain the approval of the competent minister, and requirements for the approval shall be established. In addition, procedures pertaining to the approval, special provisions of the Telecommunications Business Act, provisions that allow the indication of the fact of approved services, etc. shall be established.

(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 minister may have a certified person (certified electronic power of attorney handling business operator) report on the electronic power of attorney handling business pertaining to the certification, or have an official of the competent ministry enter the business office, office, or other workplace of the certified electronic power of attorney handling business operator, inspect the status of the electronic power of attorney handling business pertaining to the certification, or books, documents, and other articles, or question the persons concerned.
Penal Provisions (Article 16 to Article 19)
Provision, etc. to the effect that any person who attaches an indication to the effect that the business is a certified business or any other confusingly similar indication to any specified electromagnetic record, etc. to be used for a purpose other than the certified business of handling electronic power of attorney shall be punished by a fine of not more than 500,000 yen

3. Date of enforcement

January 1, 2018

Relevant law, etc.

Law

Act on Promotion of Dissemination of Electronic Power of Attorney

Government ordinance