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Consent & Cookies under the Japanese Amended APPI
Published on April 21, 2022 AUTHOR - Privacy Research Team
On 1 April 2022, the Japanese Amended Act on the Protection of Personal Information (APPI) came into force bringing significant changes to its breach internal procedures, cross-border data transfer, and cookie consent requirements among other changes. This article examines cookie consent requirements under the Amended APPI.
The Amended APPI strengthens the protection of data subjects’ rights relating to the transfer of their personal data to third parties. As a general rule, the Act requires organizations to obtain the data subject’s consent before transferring any personal data to third parties. However, it also allows organizations to rely on an opt-out consent mechanism where consent can be implied if adequate notice is given to data subjects and they are provided the option to object or opt-out. It is not explicitly clear in the law whether an organization should obtain opt-in consent or rely on an opt-out mechanism for the use of cookies, especially third-party cookies.
Opt-in consent refers to the explicit consent requirement where data subjects are given equally prominent options of accepting and rejecting the processing of their data. Opt-out consent on the other hand refers to the situation where the user’s consent is assumed by default and organizations allow data subjects to opt-out or object to the processing of their data.
Opt-in consent for the use of third-party cookies:
The Amended APPI has introduced a new category of personal data, personally referable information (PRI). The PRI is different from Personal Information in that it does not directly identify individuals; rather the identification of individuals is possible only with the aid of additional data elements. And once PRI is linked with additional data elements, the PRI can become PI. Accordingly, third-party cookies can be classified as PRI as when combined with identifiers and other information received by the servers, they are able to create profiles of website users and identify them. So is the case with IP address, location data, information exchanged on DMPs (data management platforms) containing identifier information, and similar tracking technologies, all of which can be considered as PRI. The Amended APPI law requires opt-in consent for the use of PRI and therefore, an opt-in cookie consent banner is advised to companies making use of third-party advertising cookies (cookies related to targeted advertisements and marketing) and social plug-in tracking cookies.
Opt-out consent for the third-party transfer of personal data:
Under the Amended version of the law, organizations can rely on an opt-out mechanism for the transfer of personal information (PI) to third parties provided they provide adequate notice to data subjects as well as the regulatory authority PPC and allow data subjects to object or opt-out. PI refers to information relating to a living individual that can identify specific individuals. However, organizations cannot rely on an opt-out consent mechanism for the use of third-party cookies and similar tracking technologies since those are classified as PRI and not PI and the opt-out exception only pertains to the transfer of PI. Moreover, the opt-out consent mechanism is also not possible for the processing of any special care-required personal information (SPI), sensitive personal data such as an individual’s race, creed, social status, medical history, and criminal record. In any case, organizations are not allowed to use deception or any fraudulent means to obtain the data subject’s consent.
What organizations must do?
In light of the above, it is clear that the Japanese privacy law has attempted to strengthen its consent requirements. Similar to the GDPR, it has supported the notion of an opt-in consent for online identifiers. On the other hand, the Amended law has reaffirmed the transparency principle by requiring organizations to notify data subjects before the transfer of their personal information to third parties. Keeping in consideration the consent requirements of the Amended APPI, organizations aiming to comply with Japanese law are advised to be cautious of their consent collecting practices. At the very least, organizations must:
- Obtain opt-in consent for the use of third-party advertising cookies, social plug-in tracking cookies, IP addresses, and similar online identifiers and tracking technologies,
- Provide adequate notice (privacy notice/cookie banner) to data subjects before transferring their information to third parties regardless of an opt-in or opt-out mechanism and let them acknowledge the notification before the transfer,
- Keep a record of consent statements received and maintain comprehensive audit trails
How Securiti can help?
Securiti’s Universal Consent Management Solution enables marketers to adequately advertise and market their products in a compliant manner by capturing consent and automating revocation. Securiti’s Cookie Consent Banner Solution enables companies to build cookie consent banners in accordance with the applicable legal requirements when collecting personal data for non-essential purposes on digital properties.
Ask for a DEMO today to understand how Securiti can help you comply with the applicable legal requirements of global data privacy laws and regulations with ease.
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- Monitor and track consent
- Assess Bahrain PDPL readiness
- Map data flows
- Manage vendor risk
- Breach Response Notification
- Privacy Policy & Notice Management
- Customize a data subject rights request portal for seamless customer care
- Automate data subject access request handling
- Secure fulfillment of data access
- Automate processing of rectification requests
- Automate erasure requests
- Automate objection and restriction of processing requests
- Continuous monitoring and tracking
- Automate People Data Graph
- Meet cookie compliance
- Monitor and track consent
- Assess Bahrain PDPL readiness
- Map data flows
- Manage vendor risk
- Breach Response Notification
- Privacy Policy & Notice Management
- Customize a data subject rights request portal for seamless customer care
- Automate data subject access request handling
- Secure fulfillment of data access
- Automate processing of rectification requests
- Automate erasure requests
- Automate objection and restriction of processing requests
- Continuous monitoring and tracking
- Automate People Data Graph
- Meet cookie compliance
- Monitor and track consent
- Assess Bahrain PDPL readiness
- Map data flows
- Manage vendor risk
- Breach Response Notification
- Privacy Policy & Notice Management
- Customize a data subject rights request portal for seamless customer care
- Automate data subject access request handling
- Secure fulfillment of data access requests
- Automate processing of rectification requests
- Automate erasure requests
- Automate objection and restriction of processing requests
- Continuous monitoring and tracking
- Automate People Data Graph
- Meet cookie compliance
- Monitor and track consent
- Assess Saudi PDPL readiness
- .. and more
- Customize a data subject rights request portal for seamless customer care
- Automate data subject access request handling
- Secure fulfillment of data access requests
- Automate processing of rectification requests
- Automate erasure requests
- Automate objection and restriction of processing requests
- Monitor and track consent
- Assess data protection and privacy act readiness
- Map data flows/cross border data transfers
- Meet cookie compliance
- Automate breach response notification
- Manage vendor risk
- .. and more
- Customize a data subject rights request portal for seamless customer care
- Automate data subject access request handling
- Secure fulfillment of data access requests
- Automate processing of rectification requests
- Automate erasure requests
- Automate objection and restriction of processing requests
- Monitor and track consent
- Assess Ghana’s DPA 2012 readiness
- Meet cookie compliance
- Automate breach response notification
- Manage vendor risk
- .. and more
- Customize a data subject rights request portal for seamless customer care
- Automate data subject access request handling
- Secure fulfillment of data access requests
- Automate processing of rectification requests
- Automate erasure requests
- Automate objection and restriction of processing requests
- Monitor and track consent
- Assess data protection and privacy act readiness
- Meet cookie compliance
- Automate breach response notification
- Manage vendor risk
- .. and more
- Automate data subject request handling
- Secure fulfillment of data access requests
- Automate the processing of rectification requests
- Automate object and restriction of processing requests
- Automate erasure/destroy/anonymize requests
- Monitor and track consent
- Continuous monitoring and tracking
- Assess PDPA readiness
- Map data flows and generate reports
- Automate data breach response notifications
- Manage vendor risk
- Meet cookie compliance
- Privacy policy and notice management
- .. and more
- Customize a data subject rights request portal for seamless customer care
- Assess Oman’s PDPL Readiness
- Automate consumer data request handling
- Secure fulfillment of data access requests
- Automate the processing of rectification requests
- Automate erasure/destroy/anonymize requests
- Automate object and restriction of processing requests
- Meet cookie compliance
- Monitor and track consent
- Automate data breach response notifications
- Manage vendor risk
- Map data flows (cross border data transfers) and generate RoPA reports
- Privacy policy and notice management
- ... and more
- Assess Kuwait's DPPR Readiness
- Automate consumer data request handling
- Secure fulfillment of data access requests
- Automate the processing of rectification requests
- Automate erasure/destroy/anonymize requests
- Monitor and track consent
- Map data flows (cross border data transfers) and generate RoPA reports
- Automate data breach response notifications
- Manage vendor risk
- Meet cookie compliance
- Privacy policy and notice management
- Data Classification
- Safeguard Against Loss
- ... and more
- Automate Data Subject Request Handling
- Secure Fulfillment of Data Access Requests
- Automate Processing of Rectification Requests
- Automate Erasure Requests
- Automate Objection & Restriction Of Processing Requests
- Continuous Monitoring & Tracking
- Automate People Data Graph
- Cookie Compliance
- Monitor & Track Consent
- Assess Sri Lankan PDPA readiness
- Map Data Flows
- Assess Third Parties Compliance
- ... and more
- Automate Consumer Data Access Request Handling
- Secure Fulfillment of Data Access Requests
- Automate Processing of Rectification Requests
- Automate Erasure Requests
- Automate Objection & Restriction Of Processing Requests
- Continuous Monitoring & Tracking
- Cookie Compliance
- Assess Third Parties
- Monitor & Track Consent
- Map Data Flows
- Manage Vendor Risk
- ... and more
- Automate consumer data access request handling
- Secure fulfillment of data access requests
- Automate the processing of rectification requests
- Automate erasure requests
- Automate object and restriction of processing requests
- Monitor and track consent
- Assess readiness
- Map data flows and generate reports
- Automate data breach response notifications
- Manage vendor risk
- Meet cookie compliance
- Privacy policy and notice management
- ... and more
- Automate Consumer Data Access Request Handling
- Secure Fulfillment of Data Access Requests
- Automate Processing of Rectification Requests
- Automate Erasure Requests
- Automate Object & Restriction of Processing Requests
- Monitor & Track Consent
- Assess Readiness
- Map Data Flows & Generate Reports
- Automate Data Breach Response Notifications
- Manage Vendor Risk
- Meet Cookie Compliance
- Privacy Policy & Notice Management
- ... and more
- Monitor & Track Consent
- Assess Readiness
- Meet Cookie Compliance
- Obtain Consent for Identification Technologies
- Automate Data Breach Response Notifications
- Automate Privacy Notice Creation & Management
- ... and more
- Automate Risk Assessments & Audit Trails
- Protect Nonpublic Information
- Automate Incident Response Plan
- Fulfill Vendor Risk & Third Party Service Provider Management Requirements
- Fulfill Data Governance & Classification Requirement
- Ensure Access Controls & Identity Management
- Automate System Security & Monitoring
- Fulfill Data Retention Requirements
- ... and more
- Automate Data Subjects Rights Fulfillment
- Monitor and track consent
- Map Data Flows & Generate Reports
- Automate Data Breach Response Notifications
- Privacy Notice Creation & Management
- Implement Security Controls
- ... and more
- Map Data Flows
- Monitor and Track Consent
- Privacy Notice Creation & Management
- Implement Security Controls
- ... and more
- Assess Readiness
- Automate Consumer Data Request Handling
- Automate the Processing of Rectification Requests
- Automate Erasure/Destroy/Anonymize Requests
- Automate Object and Restriction of Processing Requests
- Automate Data Protection Impact Assessment (DPIA)
- Map Data Flows (Cross-Border Data Transfers) and Generate RoPA Reports
- Monitor and Track Consent
- Automate Data Breach Response Notifications
- Manage Vendor Risk
- Meet Cookie Compliance
- Privacy Policy and Notice Management
- Implement Security Measures
- ... and more
- Assess BIPA readiness
- Continuous Monitoring and Tracking
- Breach Response Notification
- Privacy Policy & Notice Management
- Monitor and Track Consent
- Assess Data Protection Measures and Enable Appropriate Security Controls
- ... and more
BackSnowflake is a cloud based data warehouse that allows organizations to run large scale data analytics projects to uncover business insights, run or train machine learning models, and modernize their data infrastructure.
Key Features
Microsoft O365 is the ubiquitous productivity suite for every business worker. Users rely on Office products such as OneDrive and SharePoint to collaborate with their co-workers.
Key Features
Organizations want to migrate their on-premises data to cloud data stores to take advantage of scale and flexibility while reducing operational cost of managing on-premises infrastructure. However, due to privacy regulations such as GDPR, CCPA administrators have to ensure that data is migrated in compliance with these laws.
Key Features
Protecting sensitive content is a priority for all organizations, however, due to volume of sensitive content and
Key Features
While data aids in business decision making, global privacy regulations such as GDPR, CPRA require organization to identify personal & sensitive data & use only for its intended purpose and implement adequate protection.
Key Features
The CDMC Framework sets up controls that companies should put in place, and establishes clear guidelines around data accountability, governance, classification, usage, protection and privacy.
CDMC Framework
Securiti enables organizations to meet multiple regulations around the world and helps with compliance requirements through AI-driven PI data discovery, DSR automation, documented accountability, enhanced visibility into data processing activities and AI-driven process automation.
Securiti is a complete PrivacyOps Solution.
View all solutionsThe California Consumer Privacy Act (CCPA) was signed into law on June 28, 2018 and is scheduled to come into effect on January 01, 2020. Often compared to GDPR, CCPA protects consumers from mismanagement of their personal data and gives the consumer control over what data is collected, processed, shared or sold.
Key Features
The California Privacy Rights Act (CPRA) will take effect from January 1, 2023, and will apply to personal information collected on or after January 1, 2022. Enforcement of the CPRA will start six months later (July 1, 2023). The CPRA builds upon the CCPA, strengthening user privacy for California residents.
Key Features
The EU General Data Protection Regulation (GDPR) came into effect on May 25, 2018 and changed the global privacy landscape. It has broadened the definition of processing activities and personal data, impacting companies worldwide, and has tightened the rules to obtain consent before processing information.
Key Features
The Lei Geral de Proteção de Dados (LGPD) is modeled with similarities to the General European Data Protection Regulation (GDPR) and contains sixty-five articles. It was approved on August 14, 2018 and its validity has undergone several changes, the last relevant fact being MPV 959. LGPD is in effect since September 18, 2020. The sanctions by the ANPD (Brazilian Data Protection Authority) were postponed to August 2021. The LGPD allows people have more rights over their data and expects organizations to comply with their regulations or face heavy penalties or fines.
Key Features
China has complex data protection and data security regime, however, the following are three main laws that primarily cover China’s data protection and data security regulatory framework. These laws are:
Frameworks
UAE have number of laws in place that govern privacy as well as data security in the UAE. Some of those includes:
Frameworks
The government of New Zealand has recently replaced its long-existing Privacy Act of 1993 with a modernized version, the Privacy Act 2020. The New Zealand Privacy Act 2020 (NZPA) will take effect from December 1, 2020.
Key Features
The Personal Data Protection Act, B.E. 2562 (2019) ('PDPA') is Thailand's first consolidated data protection law, which was published in the Thai Government Gazette on 27 May 2019. This law was said to go into effect on 27 May 2020. However, in May 2020, the Thai Cabinet through a Royal Decree has deferred the enforcement of certain data protection provisions of the PDPA until 31 May 2021.
Key Features
In order to protect the data of individuals in South Africa, Parliament assented to the Protection of Personal Information Act (POPIA) on 19th November 2013. The commencement date of section 1, Part A of Chapter 5, section 112 and section 113 was 11 April 2014. The commencement date of the remaining sections (excluding section 110 and 114(4)) was 1st July 2020. As per the Regulator’s Operational Readiness Plan the Regulator will be able to take enforcement actions for the violation of POPIA by July 1st 2021.
Key Features
Singapore’s Personal Data Protection Act (PDPA) comprises various provisions governing the collection, disclosure, use, and care of personal data. It recognizes the rights of individuals to have more control over their personal data and the needs of organizations to collect, use, or disclose personal data for legitimate and reasonable purposes.
Key Features
The Canadian data laws aim to give consumers control over their data and promote greater transparency about how organizations use data containing personal identifiers.
Frameworks
The Australian data laws aim to give consumers control over their data and promote greater transparency about how organizations use data containing personal identifiers.
Frameworks
After the invalidation of Privacy Shield, many companies are relying on the SCCs in order to continue transferring data of EU citizens to companies based in countries who are not deemed adequate for data transfer.
After the CJEU judgement, it is clear that these companies have to conduct Risk Assessments with the data recipients in these countries in order to ensure they have enough controls to mitigate any potential data or regulatory risk.
Key Features
On January 31, 2020, the government of Saudi Arabia issued the Executive Regulations to the Saudi E-Commerce Law 2019 (“ECL”) that was in effect since October 2019. The Executive Regulations together with the ECL (“Law”) aim to protect consumers’ personal data by requiring organizations to take appropriate technical and administrative measures.
Key Features
Turkey was one of the first countries to start the trend of legislating data protection. Turkey published “Law on the Protection of Personal Data No. 6698 (LPPD) covering personal data protection on April 07, 2016.” The LPPD is based on the European Union Data Protection Directive 95/46/EC and has several similarities with the GDPR. It aims to give data subjects’ control over their personal data and outlines obligations that organizations and individuals dealing with personal data must comply with. The LPPD has also provided comprehensive guidelines for the transfer of personal data to the third parties.
Key Features
In December 2019, India, following several other countries' footsteps on the privacy laws' developments, introduced the Personal Data Protection Bill (PDPB) to regulate the processing, collection, and storage of personal data. However, in November 2021, the bill’s name was amended to now be called the Data Protection Bill 2021 (DPB).
Key Features
The Irish Data Protection Act, 2018 (Irish DPA) implements the General Data Protection Regulation (GDPR) and transposes the European Union Law Enforcement Directive in Ireland. Since it incorporates most of the provisions from the GDPR and the Law Enforcement Directive with limited additions and deletions as per the national law, it is considered to be the principal data protection legislation in Ireland.
Key Features
The Personal Data (Privacy) Ordinance (Cap. 486) as amended in 2012 (the “PDPO) is the primary legislation in Hong Kong which was enacted to protect the privacy of individuals’ personal data, and regulate the collection, holding, processing, disclosure, or use of personal data by the organizations.. The Data Protection Principles ( the “DPPs or DPP ''), which are contained in Schedule 1 to the PDPO, outline how entities should collect, handle, disclose, and use personal data.
Key Features
In 2012, the Philippines passed the comprehensive privacy law, Data Privacy Act 2012 Republic Act. No, 10173 (the "DPA"). The DPA recognizes the rights of individuals to have more control over their personal data while ensuring a free flow of information to promote innovation and growth.
Key Features
South Korea has a general law and several special laws that cover data protection and individuals' privacy. South Korea's data protection regime is considered one of the strictest data protection regimes owing to its notification requirements, opt-in consent, extensive data subject rights, mandatory data breach notifications, and heavy sanctions in case of non-compliance.
Key Features
The Act on the Protection of Personal Information (the "APPI'') regulates personal related information and applies to any Personal Information Controller (the “PIC''), that is a person or entity providing personal related information for use in business in Japan. The APPI also applies to the foreign PICs which handle personal information of data subjects (“principals”) in Japan for the purpose of supplying goods or services to those persons.
Key Features
Qatar is the first gulf country that has passed a national data privacy law and has paved the way for all other gulf countries to follow suit. In 2016, Qatar enacted Law no. 13 Concerning Personal Data Protection (the “DPL”). Qatar became the first Gulf Cooperation Council (GCC) member state to issue an “European Style” applicable data protection law. The DPL establishes a certain degree of personal data protection, provides data subject rights, and prescribes the guidelines for organizations for the processing of personal data within Qatar.
Key Features
Bahrain has become a part of the countries that have enacted a data privacy regulation to protect the rights of their residents. On 12 July 2018, Bahrain drafted its law on data protection regulation, Law No. 30. This then went on to go into effect on the 1st of August 2019 as the Bahrain Personal Data Protection Law (PDPL) and supersedes all other laws. The PDPL recognizes the rights of individuals to have more control over their personal data and the needs of organizations to collect, use, or disclose personal data for legitimate purposes.
Key Features
After the Success of the California Consumer Privacy Act (CCPA) in California, Virginia is now following the same path. The Virginia Consumer Data Protection Act (VCDPA) has been passed and will go into effect on 1st of January 2023. This law is closely designed after the newer California Privacy Rights Act (CPRA) but with a few significant and important differences.
Key Features
After the VCDPA in Virginia, Colorado has closely followed suit and has passed their own comprehensive data privacy law to protect the personal data of the residents of Colorado.The Colorado Privacy Act (CPA) was signed into law on the 8th of July, 2021 and has been modelled closely after the VCDPA.
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Saudi Arabia has drafted a data privacy regulation to protect the personal data of individuals in Saudi Arabia. This law was approved by the Council of Ministers in Saudi Arabia and is named the Personal Data Protection Law (the “PDPL”).
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Uganda’s Data Protection and Privacy Act 2019 seeks to protect Uganda’s citizens and their personal data by outlining and implementing rules for processing personal data and sensitive personal data by entities within or outside the country.
Key Features
Ghana Data Protection Act 2012 establishes a comprehensive set of provisions governing the collection, processing, use, and protection of personal data by the data controller or data processor.
Key Features
Kenya’s Data Protection Act, 2019 (DPA) is based on the framework of the EU’s General Data Protection Regulation (GDPR), making it the third region in East Africa to have enacted and enforced data protection regulations.
Key Features
Malaysia’s Personal Data Protection Act (PDPA) was passed by the Parliament of Malaysia on 2 June 2010. The PDPA sets out a complete cross-sectoral framework to protect the personal data of individuals with respect to commercial transactions.
Key Features
Although there is no comprehensive data protection law in Indonesia, however, there are several regulations that regulate the Indonesia's draft Personal Data Protection Bill (PDPB) & Personal Data Protection Regulations (PDP Regulations)
Frameworks
Oman’s Personal Data Protection Law (Oman’s PDPL) has been published in the country’s official gazette, and it will come into force by February 9, 2023, one year after its issuance which was February 9, 2022. The law applies to any natural person’s personal data including but not limited to their name, location data, identification number, and health-related information.
Key Features
Kuwait’s Data Privacy Protection Regulations (DPPR) applies to all public and private Telecommunication Services Providers and related industry sectors who collect, process, and store personal data and user-related content in whole or in part of a data storage system, whether processed inside or outside the State of Kuwait.
Key Features
The Personal Data Protection Act (PDPA) protects Sri Lankan residents’ data while regulating how organizations collect, process, store, and maintain this data. The PDPA also grants users a wide range of data subject rights, meant to give them more control over their data.
Key Features
Issued on 27 July 2006, the Russian Federal Law on Personal Data (No. 152-FZ) remains one of the oldest data protection laws in effect today. Moreover, it is one of the few laws enacted before the EU's landmark General Data Protection Regulation (GDPR).
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Germany’s Bundesdatenschutzgesetz (BDSG) in German, or the Federal Data Protection Act in English, was enacted in May 2018 to implement the GDPR in Germany.
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The Data Protection Act (DPA) of 2018 was passed in April 2016 and came into effect on May 25, 2018. This was the same day the General Data Protection Regulation (GDPR) came into effect.
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Directive 2002/58/EC on Privacy and Electronic Communications, known more prominently as the ePrivacy Directive, is a key set of instructions released to ensure the privacy and confidentiality of all electronic communications within the European Union (EU).
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The New York State Department of Financial Service Cybersecurity Regulations or 23 NYCRR 500 is a set of 23 cybersecurity requirements mandatory for all financial institutions registered in New York working under its Banking Law, Insurance Law, or Financial Services Law.
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In November 2020, the European Commission released a draft of the new Data Governance Act. This came as a result of the 2020 European Data Strategy that aims to facilitate data sharing across sectors and member states.
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The EU Digital Markets Act (DMA) is part of the EU Digital Services Package that aims to create a safer online space along with the EU Digital Services Act (DSA). The DMA aims to ensure a contestable, fair, and competitive digital market and to ban unfair business practices by large online platforms.
Key Features
Saudi Arabia has complex data protection and data security regime, however, the following are three main laws that primarily cover Saudi Arabia's data protection and data security regulatory framework. These laws are:
Frameworks
Since France is a member of the European Union, it is subject to the General Data Protection Regulation (GDPR). However, like every other EU member, the country must incorporate the GDPR in its domestic legal framework.
Key Features
The Biometric Information Privacy Act (BIPA), an initiative spearheaded by the ACLU of Illinois, was unanimously approved by the Illinois legislature in 2008. BIPA creates guidelines to protect the privacy and security of Illinois residents.
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