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

Background and purpose of the law

  • As seen in the rapid spread of the Internet and mobile phones, networks have penetrated not only traditional business-to-business communications but also the lives of ordinary people. They 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, and teleworking.
  • In communication on the Internet, etc., it is not necessary to face the other party, so 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. Electronic signatures and authentication services using cryptographic technology are used as an effective means for this purpose.
  • However, if it is not 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 how they will be resolved in the event of a lawsuit related to information circulating on a network, which may hinder the spread of electronic commerce, etc.
  • Therefore, through the enactment of this Act, the smooth use of electronic signatures by the people will be ensured and social and economic activities using networks, including electronic commerce, will be further promoted by establishing the presumption of the authenticity of electromagnetic records, the certification system for specified authentication services, and other necessary matters.

An outline of the law

1. Purpose

To promote the distribution of information in electronic or magnetic form and the processing of information by ensuring the smooth use of electronic signatures by providing for the presumption of the authenticity of electronic or magnetic records, a system for certifying 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. Content

1. Presumption of True Creation of Electromagnetic Records

Provisions shall be established to the effect that if certain electronic signatures are affixed by the Principal to information recorded in electromagnetic records, such information shall be presumed to have been authentically created. (Article 3)
*Electronic signatures: Measures such as encryption for the purpose of indicating the creator of information recorded in electromagnetic records, which are taken by a method that allows validation if it is modified

2. System for Accreditation of Specific Certification Services

  1. Certification, etc. of Specified Authentication Services (Articles 4 to 16)
    Among the certification services (services to certify that the information used to verify electronic signatures is that of the Principal), those that satisfy certain requirements shall be defined as Specified Certification Services, and those who intend to perform such services may be certified by the competent ministers (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 enable the indication of the fact that the business has been certified shall be established. In addition, the handling of foreign certification business operators, etc. shall be regulated. (It shall be provided that a person who has been sentenced to imprisonment or a heavier punishment, a person who has been sentenced to punishment for violating this Act, a person whose certification has been canceled, etc. shall not be certified for a certain period of time.)
  2. Designated Investigative Agency, etc. (Article 17 to Article 32)
    The competent minister may designate a person (designated evaluation body) to conduct the evaluation in whole or in part for the purpose of evaluation of the certification business.

3. Other necessary matters

  1. Assistance, etc. Concerning Specified Certification Operations
    The Prime Minister shall stipulate that in order to ensure the smooth implementation of the approval system for Specified Certification Business, the Minister shall conduct investigations and research on the evaluation of technologies related to Electronic Signatures and Certification Business, and shall endeavor to provide necessary information, advice, and other assistance to persons engaged in Specified Certification Business and their users. (Article 33)
  2. Education and public relations activities for the people
    It shall be provided that the State shall endeavor to deepen public understanding of electronic signatures and certification services through education activities, public relations activities, etc. (Article 34).
  3. Roles of the National Public Safety Commission
    Provisions to the effect that the National Public Safety Commission may request the competent minister to take necessary measures when the National Public Safety Commission finds it necessary in order to prevent serious damage from occurring in relation to the accredited specified certification business. (Article 37)
  4. Penalties
    It is stipulated that the 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 causing the accredited certification business operator, etc. to provide false certification. (Article 41)

3. Effective Date

April 1, 2001 (2001)

Relevant law, etc.

Law

Government ordinance

Ministerial Ordinance

Notification

Other