The primary legislation governing personal information in Japan is the Act on the Protection of Personal Information (APPI). Amend several times, most recently in 2022, the APPI sets out comprehensive rules for the collection, use, storage, and transfer of personal data, which explicitly includes phone numbers.
- Consent is Key: The APPI operates on a consent-bas framework. Generally, businesses must obtain explicit consent from individuals before collecting, using, or providing their personal information (including phone numbers) to third parties for marketing purposes. This means that simply purchasing a list that claims to be “Japanese consumer phone numbers” is unlikely to be compliant, as the necessary consent for your specific marketing activities will almost certainly not have been obtain by the original data collector for your use.
- Purpose of Use: When collecting personal information, businesses must clearly inform individuals of the specific “Purpose of Use.” This purpose must be made known at the time of collection or promptly thereafter, often through a public announcement on a website or a clear statement in a written contract. Using data for a purpose not disclos to the individual is a violation.
- Transfer of Personal Information: The APPI has strict rules regarding the transfer of personal information to third parties, both within Japan and internationally. If a third-party vendor provides a list, they must have obtain the necessary consent for that transfer, and you, as the recipient, must also ensure your use aligns with the original consent and disclos purpose.
- Extraterritorial Scope: Importantly, the APPI has extraterritorial reach. Even if your business is not physically locat in Japan, if you handle the personal data of individuals locat in Japan in connection with providing goods or services to them, you are subject to the APPI.
The Act on Specifi Commercial Transactions
In addition to the APPI, telemarketing activities in Japan are specifically regulat by the Act on Specifi Commercial Transactions. This act aims to protect consumers from unfair solicitation and establishes rules for various types of commercial transactions, including telemarketing sales.
- Prior Notification of Purpose: When iran phone number list making telemarketing calls, businesses must clearly notify the consumer of their company name, the name of the person making the solicitation, the type of goods or services being offer, and the fact that the purpose is to solicit a contract, before beginning the sales pitch.
- Prohibition of Unfair Solicitation: The Act prohibits deceptive or intimidating solicitation tactics. It also specifically prohibits continuing to solicit or re-soliciting a person who has manifest an intention not to conclude a key components of automated personalized follow-ups contract during the initial telephone solicitation.
- Cooling-Off Period: For telemarketing sales, consumers typically have an 8-day cooling-off period during which they can withdraw their offer or cancel the contract unconditionally.
Do Not Call” Equivalent and Consumer Rights
While Japan doesn’t have a direct equivalent of a unifi “Do Not Call” register like some other countries, the combination of the APPI and the Act on Specifi Commercial Transactions effectively provides similar protections.
- Right to Refuse: Under the Act on Specifi Commercial Transactions, if a consumer indicates they do not wish to be solicit further, the business must cease solicitation.
- Rights of Data Subjects: The APPI grants individuals significant rights over their personal data, including the right to request afghanistan business directory disclosure, correction, cessation of use, or deletion of their personal information. If you are holding a consumer’s phone number, they have the right to request its deletion or that you cease using it for marketing.
- Penalties for Non-Compliance: Violations of these laws can result in severe penalties, including administrative orders, fines, and potentially imprisonment for individuals responsible. The Personal Information Protection Commission (PPC) and other regulatory bodies actively enforce these laws.
Recommendations for Businesses
Given Japan’s strict regulatory environment, the concept of simply “buying a Japanese consumer phone list” for direct marketing is highly problematic and carries significant legal risk.
- Prioritize Organic Opt-in: The safest and most compliant approach is to build your consumer phone list through organic, explicit opt-in methods where individuals clearly consent to receive marketing communications from your specific business.
- Transparency and Clear Purpose: Be completely transparent about how you collect phone numbers, what you will use them for, and provide easy ways for individuals to opt out.
- Due Diligence with Third-Party Data: If considering any third-party data, conduct extremely thorough due diligence. Demand proof of explicit, verifiable consent for each individual on the list for your intend purpose, and ensure the data was collect and transferr in full compliance with the APPI. In most cases, such guarantees are difficult for third-party list providers to offer.
- Consult Legal Counsel: Before engaging in any telemarketing or SMS marketing activities targeting Japanese consumers, it is highly advisable to consult with legal experts specializing in Japanese data privacy and telemarketing laws to ensure full compliance.
Attempting to leverage pre-existing Japanese consumer phone lists without meticulous adherence to these regulations is a high-risk strategy that could lead to significant legal and financial repercussions.
