Japan: Adopted 2020 Amendment to Telecommunications Business Act including registration requirement for certain foreign providers

On 15 May 2020, the Japanese Parliament adopted the 2020 Amendment of the Telecommunications Business Act (Act No. 30 of 2020). The Amendment expands the scope of the Telecommunications Business Act to foreign operators providing telecommunications services in Japan from a foreign country, even if such operators are based outside Japan and do not have telecommunications facilities in the country. Foreign telecommunications providers must thus notify the Minister of Internal Affairs and Communications and must register if they operate telecommunications facilities in Japan, e.g. cellular carrier businesses. Moreover, the Amendment requests foreign telecommunications operators to designate a domestic representative or agent. Finally, foreign telecommunications providers must comply with the "secrecy of communications" provision and shall obtain user consent to access or transmit communication content and metadata in any electronic service that the Japanese Ministry of Internal Affairs and Communications considers as an intermediary of two-party communications. The Act will enter into full force on 1 April 2021.