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2021

Newsletter Reform of German Competition Law Part 2 (May 2021)

Part 2: “Updating” the Competition Act

The recent amendment of the Competition Act is entitled “Act for Digitizing the Competition Act”. The German legislator is the first worldwide to address many of the challenges of digital ecosystems that have been discussed at global level over the past few years.

Public debate in Germany has focused on a new provision aimed at regulating “GAFA” (short for: Google, Apple, Facebook, Amazon), the giants of the data economy (see below section 3).

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2020

Newsletter Major Trends in Offshore Wind Power Generation in Japan (Oct 2020)

Being designated by the Japanese government as a main power source, new policies to proactively promote renewable energy have been adopted in Japan. Among several renewable energy sources, offshore wind power generation has attracted the most attention because, while the lands suitable for land wind power are limited, Japanese waters offer relatively favorable offshore sites for offshore wind power generation, and thus it is necessary for Japan to introduce wind power generation using such offshore sites (cf. the 5th Basic Energy Plan approved by the Cabinet on July 3, 2018).

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2019

Newsletter Assertion of Monetary Claims (November 2019)

Claim collection in Japan has become an increasingly challenging task in times of a difficult economical environment. Where claims cannot be successfully settled out-of-court, the sole remaining option is often the enforcement by court order against the debtor. This newsletter describes the most common court procedures for claim assertion in Japan to help foreign investors understand how to enforce their rights.

OPEN PDF
read more

2018

Newsletter Common Misconceptions about GDPR (November 2018)

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
read more

2021

Newsletter Reform of German Competition Law Part 2 (May 2021)

Part 2: “Updating” the Competition Act

The recent amendment of the Competition Act is entitled “Act for Digitizing the Competition Act”. The German legislator is the first worldwide to address many of the challenges of digital ecosystems that have been discussed at global level over the past few years.

Public debate in Germany has focused on a new provision aimed at regulating “GAFA” (short for: Google, Apple, Facebook, Amazon), the giants of the data economy (see below section 3).

OPEN PDF
read more

Newsletter Reform of German Competition Law (April 2021)

Part 1: Unburdening small and medium-sized companies

The German Act Against Restraints of Competition (“Competition Act”) has been amended to address challenges of the digital economy, to make merger control more efficient for small and medium-sized companies, and to implement EU legislation. This reform of January 2021 concerns several aspects that are of relevance to foreign investors. Those aimed at unburdening small and medium-sized companies will be outlined in this newsletter. A subsequent newsletter will give an overview of the tightened antitrust rules for “Big Data” companies.

OPEN PDF
read more

2020

Newsletter Major Trends in Offshore Wind Power Generation in Japan (Oct 2020)

Being designated by the Japanese government as a main power source, new policies to proactively promote renewable energy have been adopted in Japan. Among several renewable energy sources, offshore wind power generation has attracted the most attention because, while the lands suitable for land wind power are limited, Japanese waters offer relatively favorable offshore sites for offshore wind power generation, and thus it is necessary for Japan to introduce wind power generation using such offshore sites (cf. the 5th Basic Energy Plan approved by the Cabinet on July 3, 2018).

OPEN PDF
read more

Newsletter Amendments to Renewable Energy Related Laws and Regulations (September 2020)

The Act to Amend the Electricity Business Act, Etc. for Establishing a Resilient and Sustainable Electricity Supply System (the “Energy Resilience Act”) was enacted effective as of June 5, 2020 upon the passage of the bill therefor by the House of Councilors of the Japanese Diet. The Energy Resilience Act provides for various amendments to energy-related laws, such as the Act on Special Measures Concerning Procurement of Electricity from Renewable Energy Sources by Electricity Utilities (the “Renewable Energy Special Measures Act”) and the Electricity Business Act, and is planned to be enforced starting from April 1, 2022.

OPEN PDF
read more

2019

Newsletter Assertion of Monetary Claims (November 2019)

Claim collection in Japan has become an increasingly challenging task in times of a difficult economical environment. Where claims cannot be successfully settled out-of-court, the sole remaining option is often the enforcement by court order against the debtor. This newsletter describes the most common court procedures for claim assertion in Japan to help foreign investors understand how to enforce their rights.

OPEN PDF
read more

Newsletter Overtime (October 2019)

Overtime is one of the most sensitive topics in Japanese labor relations. Following the suicide of a young female employee of a major Japanese company in December 2015 due to working extensive hours, resulting in the resignation of the representative director of said company, the Japanese public’s perception of the social and legal consequences of overwork have changed and authorities are again on high alert. As a consequence, overtime related investigations by the competent authorities are expected to increase.

OPEN PDF
read more

2018

Newsletter Common Misconceptions about GDPR (November 2018)

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
read more

Newsletter Data Protection (February 2018)

Due to the continuing digitalization of society and business the issue of data protection gains increasing importance also from a legal perspective. Faced with the rapid technological developments, Japan has reformed the Japanese Data Protection Act („Act on Protection of Personal Information“ – „APPI“), which has become effective on 30 May 2017 (“Amendment”). The Amendment is the first major reform of the APPI since its enactment in 2005. This special newsletter provides an overview of the main changes to the APPI as well as the measures companies need to consider in light of the Amendment.

OPEN PDF
read more

2021

Newsletter Reform of German Competition Law Part 2 (May 2021)

Part 2: “Updating” the Competition Act

The recent amendment of the Competition Act is entitled “Act for Digitizing the Competition Act”. The German legislator is the first worldwide to address many of the challenges of digital ecosystems that have been discussed at global level over the past few years.

Public debate in Germany has focused on a new provision aimed at regulating “GAFA” (short for: Google, Apple, Facebook, Amazon), the giants of the data economy (see below section 3).

OPEN PDF
read more

Newsletter Reform of German Competition Law (April 2021)

Part 1: Unburdening small and medium-sized companies

The German Act Against Restraints of Competition (“Competition Act”) has been amended to address challenges of the digital economy, to make merger control more efficient for small and medium-sized companies, and to implement EU legislation. This reform of January 2021 concerns several aspects that are of relevance to foreign investors. Those aimed at unburdening small and medium-sized companies will be outlined in this newsletter. A subsequent newsletter will give an overview of the tightened antitrust rules for “Big Data” companies.

OPEN PDF
read more

Newsletter Re-Employment after Retirement Age (March 2021)

Japan is one of the world’s most rapidly ageing societies. Along with the traditionally high life expectancy, the country’s fertility rate is at a continuously low level. According to the Japanese Ministry of Internal Affairs and Communications, as of September 2020, nearly 30% of Japanese are already 65 years or older. The effects of this demographic change are noticeable. Along with the increasing competition for qualified junior employees, the ageing workforce poses new challenges for employers.

OPEN PDF
read more

2020

Newsletter Major Trends in Offshore Wind Power Generation in Japan (Oct 2020)

Being designated by the Japanese government as a main power source, new policies to proactively promote renewable energy have been adopted in Japan. Among several renewable energy sources, offshore wind power generation has attracted the most attention because, while the lands suitable for land wind power are limited, Japanese waters offer relatively favorable offshore sites for offshore wind power generation, and thus it is necessary for Japan to introduce wind power generation using such offshore sites (cf. the 5th Basic Energy Plan approved by the Cabinet on July 3, 2018).

OPEN PDF
read more

Newsletter Amendments to Renewable Energy Related Laws and Regulations (September 2020)

The Act to Amend the Electricity Business Act, Etc. for Establishing a Resilient and Sustainable Electricity Supply System (the “Energy Resilience Act”) was enacted effective as of June 5, 2020 upon the passage of the bill therefor by the House of Councilors of the Japanese Diet. The Energy Resilience Act provides for various amendments to energy-related laws, such as the Act on Special Measures Concerning Procurement of Electricity from Renewable Energy Sources by Electricity Utilities (the “Renewable Energy Special Measures Act”) and the Electricity Business Act, and is planned to be enforced starting from April 1, 2022.

OPEN PDF
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Newsflash BOJ Filing and FDI Category Expansion (August 2020)

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).

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2019

Newsletter Assertion of Monetary Claims (November 2019)

Claim collection in Japan has become an increasingly challenging task in times of a difficult economical environment. Where claims cannot be successfully settled out-of-court, the sole remaining option is often the enforcement by court order against the debtor. This newsletter describes the most common court procedures for claim assertion in Japan to help foreign investors understand how to enforce their rights.

OPEN PDF
read more

Newsletter Overtime (October 2019)

Overtime is one of the most sensitive topics in Japanese labor relations. Following the suicide of a young female employee of a major Japanese company in December 2015 due to working extensive hours, resulting in the resignation of the representative director of said company, the Japanese public’s perception of the social and legal consequences of overwork have changed and authorities are again on high alert. As a consequence, overtime related investigations by the competent authorities are expected to increase.

OPEN PDF
read more

Newsletter Labor Law Restructuring Human Resources (October 2019)

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.

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2018

Newsletter Common Misconceptions about GDPR (November 2018)

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
read more

Newsletter Data Protection (February 2018)

Due to the continuing digitalization of society and business the issue of data protection gains increasing importance also from a legal perspective. Faced with the rapid technological developments, Japan has reformed the Japanese Data Protection Act („Act on Protection of Personal Information“ – „APPI“), which has become effective on 30 May 2017 (“Amendment”). The Amendment is the first major reform of the APPI since its enactment in 2005. This special newsletter provides an overview of the main changes to the APPI as well as the measures companies need to consider in light of the Amendment.

OPEN PDF
read more