In an announcement dated 1 July 2020, the Japanese Ministry of Justice (MoJ) has added further 18 countries to the ban list of countries from where the entry to Japan is principally prohibited. An English translation of the announcement, which includes the latest version of the complete ban list,...
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On 7 June 2020 a significant amendment concerning filing obligations of foreign investors in Japan under the Japanese Foreign Exchange and Foreign Trade Act (FEFTA) came into effect which widely expanded the scope of mandatory prior-notification obligations to the competent governmental authorities (i.e. the Ministry of Finance (MOF) and the Ministry or Agency supervising the area of the business concerned) through the Bank of Japan (BOJ).OPEN PDF
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An increasingly competitive and cost oriented business environment often requires employers to review and restructure their human resources. Such process may include anything from the revision of salary schemes and compensation conditions to redundancy proceedings or even dismissals. This newsletter highlights some of the legal aspects to be observed when restructuring employment relations, in particular with regard to the adjustment of salary and working hours and the reduction of the company’s workforce.OPEN PDF
The Japanese Companies Act (JCA) offers several types of corporate governance schemes, which are mainly designed for public large corporations (i.e. companies with a paid-in share capital of JPY 500 million or more, or liabilities of JPY 20 billion or more), as such companies are obliged to implement a corporate governance structure prescribed under the law. However, also for private companies.OPEN PDF
Japanese working environments are traditionally characterized by authoritarian management styles with strict hierarchies. This opens the doorway to power games and harassment. This newsletter will explain the most frequent types of harassment and what companies can do to mitigate the risk of harassment cases occurring at their company as well as how to react in the event a harassment claim is made.OPEN PDF
ARQIS advises Liberta Partners on its new investment structure and the first closing of its second fund
ARQIS advised Liberta Partners, a Munich-based multi-family holding company, on its new investment structure and the first closing of its second fund. The capital commitments, totalling more than EUR 50 million, are primarily made by entrepreneurs and wealthy private...
ARQIS has advised Alloheim Senioren-Residenzen SE on the acquisition of the Meppen-based Pro Talis Group, which is active in inpatient care, outpatient care, day care and assisted living. The takeover is subject to the approval of the relevant antitrust authorities....
As of 23 January 2019, Japan and the EU have formally adopted their reciprocal adequacy decision on each other’s data protection framework. The mutual recognition creates the world’s largest area of safe data flow and further business opportunities between Japan and the EU. We would like to highlight some aspects of the reciprocal adequacy decision which companies should be aware of as set forth below.OPEN PDF – EN
After a number of prominent fatalities that have been linked to excessive working hours at some of Japan’s largest corporations in 2015 / 2016 and increasing public pressure, the government initiated a so-called “Work-Style Reform”. The reform aims at reducing excessive overtime hours of employees in order to prevent stress-induced illnesses and nourish a more balanced work-life culture. At the same time, the government strives to bring more flexibility to the labor market and increase productivity as Japan is facing an unprecedented socio-economic challenge with its aging population and shrinking labor force.OPEN PDF
Datenschutz ist im Zeitalter der Digitalisierung eines der zentralen Themen. Entsprechend wichtig ist es, auch international einen gemeinsamen Nenner zu finden. Japan und die Europäische Union (EU) sind derzeit dabei, das Datenschutzsystem der jeweils anderen Seite als gleichwertig anzuerkennen, um einen freien und sicheren Datenfluss zwischen ihren Wirtschaftsräumen zu ermöglichen. Dieser Schritt ergänzt das im Juli 2018 unterzeichnete Freihandelsabkommen EU-Japan (JEEPA). Die EU-Kommission rechnet noch dieses Jahr mit dem Abschluss des Verfahrens (Stand: Mitte November 2018).OPEN PDF
The European General Data Protection Regulation (GDPR) has come into effect on 25 May 2018. Due to its broad scope and its implications for the processing of personal data inside and outside of the EU, the GDPR has drawn attention on a global level. Since the GDPR has come into effect only recently, there are still many questions about the implementation and enforcement of the new rules. While some concerns turn out to be unfounded, a thorough investigation of the GDPR is imperative for companies around the globe doing business with Europe. This newsletter addresses frequent questions and miscon- ceptions about the GDPR with a focus on Japanese companies doing business with Germany.OPEN PDF