Seminar Outline
◆ Date and time: Thursday, April 2024, 4 18:15~30:19
*Reception starts from 15:00, lecture starts from 15:30
*Reception from 18:00
◆ Venue:
station conference tokyo
1F Sapir Tower, 7-12-5 Marunouchi, Chiyoda-ku (directly connected to JR Tokyo Station Nihonbashi Exit)
◆ Participation Fee: Free
◆ Capacity: 80 people (First-come-first-served basis. If the number exceeds the capacity, we will be waiting for cancellation)
◆ Participation conditions: Please refrain from applying if you have an address that does not indicate your affiliation, such as a free email address, personal domain, mobile phone carrier or provider, or if you are a member of our company or a law firm.
timetable
| 15:00 - 15:30
Receptionist
| 15:30 - 15:35
Greetings from the event
| 15:35 - 15:55
Lecture 1 - Mechanisms of legal violations in the advertising field and recent enforcement cases
The basic law governing advertising to consumers is the Premiums and Representations Act. Under the same law,Last year, the operation of stealth marketing regulations started and other,Not only has the law been revised to introduce a commitment system, etc.The law is also strictly enforced. For example, recently, the Consumer Affairs Agency has taken up numerous cases of false labeling, including No. 1 labeling, efficacy labeling for health foods, and so-called greenwashing.Not only that, the Consumer Affairs AgencyIn March of this year, based on the regulations on mail order sales under the Specified Commercial Transactions Act, we issued an order to suspend business to businesses that made false representations to consumers, reducing the risk of violating advertising regulations.The impact is growing.In this presentation, we will explain the latest trends in misrepresentation regulations based on the types of causes of misrepresentation, as well as advertising governance derived from the causes.
Speakers:
Takaaki Someya, Representative Partner, Ikeda & Someya Law Office (Former Consumer Affairs Agency, Labeling Measures Division)
| 15:55 - 16:15
Lecture 2 - Mechanisms of legal violations in the field of consumer transactions and recent enforcement
Typical regulations regarding consumer transactions include the Specified Commercial Transactions Law and the Consumer Contract Law. Although both laws have many similarities in terms of their provisions as they deal with transaction situations, only the Specified Commercial Transactions Law stipulates administrative sanctions and criminal penalties. The Specified Commercial Transactions Law applies to mail order sales (remote transactions),Telephone calls (including online meetings), solicitation sales,It covers seven types of transactions such as door-to-door sales (transactions at locations other than business offices), but in modern times where communication and transportation methods have developed, it has come to be widely applied. Enforcement by the authorities is also active. Therefore, in this article, we will provide an overview of the Specified Commercial Transactions Law, which is a representative regulation in the field of consumer transactions, and explain the mechanism by which violations of laws and regulations related to consumer transactions occur based on recent enforcement cases. While stating the direction of countermeasures, we will raise issues for the panel discussion that will be discussed later.
Speakers:
Masaaki Miyauchi, Attorney, Ikeda & Someya Law Office (Former Consumer Affairs Agency Transaction Countermeasures Division)
| 16:15 - 16:35
Lecture ③ - Mechanisms of legal violations in the field of information law and recent enforcement cases
For some time now, employees, etc. have taken out personal information,There is no end to cases involving the taking out of trade secret information.Additionally, information leaks due to cyber attacks are not decreasing at all. Looking at recent execution cases and court precedents, it can be said that most of them are of the type mentioned above and involve problems in the fulfillment of safety management obligations. Therefore, we will clarify the mechanism of legal violations in recent enforcement cases, find out whether there was anything that could have been done additionally, how far we could have avoided enforcement, and what we should do in the end. I will add an explanation as to whether or not this was the case.
Speakers:
Ikeda & Someya Law Office Attorney Satoshi Imamura (Former Ministry of Internal Affairs and Communications, Telecommunications Infrastructure Bureau)
| 16:35 - 16:45
FRONTEO Co., Ltd. - Introduction to AI solutions
| 16:45 - 17:00
coffee break
| 17:00 - 17:45
Ikeda & Someya Law Office Panel Discussion - How to avoid falling into a “crisis” in your consumer business
In a consumer business that deals with countless consumers, it is necessary to develop a system with the awareness that legal violations can occur at any point. In consumer business, violations of laws and regulations often occur on the basis of the person in charge or the department in charge, and the management and legal departments are not aware of such violations that occur at the site, making it difficult to take appropriate corrective measures. A state in which this is not done can be called a "crisis." Therefore, based on the mechanisms of legal violations explained in each lecture, we will consider and propose specific measures to avoid falling into a "crisis", including methods of managing customer information, number and content of complaints, etc. In addition, in addition to the conventional methods such as third-party committees, there are measures to be taken in the event that a crisis becomes a subject of enforcement action by the authorities as a result of being left unaddressed, or a crisis emerges as a result of whistleblowing, etc. We will also discuss whether there are any effective methods.
Moderator:
Tsuyoshi Ikeda, Representative Partner, Ikeda & Someya Law Office (Former General Secretariat of the Fair Trade Commission)
Speakers:
Tsuneo Matsumoto, Visiting Lawyer, Ikeda & Someya Law Office (Former Chairman, National Consumer Affairs Center)
Yuri Kawasaki, Corporate Partner, Ikeda & Someya Law Office (Former Consumer Affairs Agency, Labeling Measures Division)*
Chiyo Habukawa, Attorney at Ikeda & Someya Law Office (Formerly Intellectual Property Office, Ministry of Economy, Trade and Industry, etc.)
Ikeda & Someya Law Office Attorney Satoshi Imamura (Former Ministry of Internal Affairs and Communications, Telecommunications Infrastructure Bureau)
Masaaki Miyauchi, Attorney, Ikeda & Someya Law Office (Former Consumer Affairs Agency Transaction Countermeasures Division)
*Ikeda & Someya Law Office
| 17:45 - 18:00
Venue move
| 18:00 - 19:30
reception
Speakers/panelist:
Tsuyoshi Ikeda / Representative Partner, Ikeda & Someya Law Office
Graduated from Kyoto University Faculty of Law in 2002. Registered as a lawyer in 2003. From 2005 to 2007, he worked at the Fair Trade Commission Examination Bureau. Completed LL.M. from University of California, Berkeley in 2008. Worked at Mori Hamada Matsumoto Law Office in 2009.He is registered as a bar in New York and California. In October 2018, he established Ikeda & Someya Law Office, which mainly handles antitrust law, consumer law, etc.He serves as the only Japanese officer on the Antimonopoly Law Committee of the International Bar Association (IBA), and has been selected as one of Japan's leading antitrust lawyers in international lawyer rankings such as Chambers and Who's Who Legal. In 10, he was ranked 2022nd overall and 2rd in corporate votes in the Nihon Keizai Shimbun's lawyer ranking (antitrust/competition law field).
Takaaki Someya / Representative Partner, Ikeda & Someya Law Office
He has deep knowledge of consumer administration practices, having worked in the Labeling Countermeasures Division of the Consumer Affairs Agency, where he was responsible for drafting the revised law to introduce a surcharge system to the Act on Premiums and Representations and guidelines for the surcharge system. We have knowledge. Utilizing this experience at the Consumer Affairs Agency, we have provided advice on numerous Consumer Affairs Agency investigations (crisis management), marketing legal strategies for advertising and campaigns, and lobbying for changes in laws and regulations. In addition, based on his experience as an in-house lawyer at a major IT company and secondment to a Fintech company, he has front-line practical experience in the development, provision, and operation of technology businesses such as IT, games, Fintech, and data businesses.
Tsuneo Matsumoto / Visiting lawyer, Ikeda & Someya Law Office
After engaging in research and education on civil law, consumer law, ICT-related law, etc. at university, I played a role in consumer administration as the head of the Independent Administrative Agency National Consumer Affairs Center and the Cabinet Office Consumer Commission. During this time, he served as a member of the Legislative Review Committee for the revision of the Law on Obligations, as a PG member of the OECD Electronic Commerce Consumer Protection Guidelines, and as the chairperson of the Ministry of Economy, Trade and Industry's ``Rules for Electronic Commerce and Information Property Transactions,'' and in the field of soft law. However, I have been involved in the development of ISO 26000 (Guidelines on Social Responsibility), which is the driving force behind the SDGs. We will support the healthy business growth of our clients by leveraging our knowledge gained through many years of research and our experience in consumer administration.
Yuri Kawasaki / Corporate Partner, Ikeda & Someya Law Office*
I worked at the Labeling Countermeasures Division of the Consumer Affairs Agency, and as the head of the case unit, I was involved in investigations and enforcement of cases involving suspected violations of the Act on Unjustifiable Premiums and Representations. Utilizing my experience at the Consumer Affairs Agency, I am able to provide practical advice on business development, including corporate advertising. In addition, in my previous job at the Consumer Affairs Agency, I had experience responding to many cases such as investigations and trials as a prosecutor. We are confident that she can provide in-depth advice on crisis management in business.
*Ikeda & Someya Law Office
Chiyo Habukawa / Ikeda & Someya Law Office
As a fixed-term employee, he has unique experience working on the front lines of practical work at each of three government agencies: the Fair Trade Commission, the Consumer Affairs Agency's Labeling Measures Division, and the Ministry of Economy, Trade and Industry's Intellectual Property Office. We combine our knowledge of the Antimonopoly Act, the Premiums and Representations Act, and the Unfair Competition Prevention Act to provide practical advice based on the perspective of law enforcement agencies in response to complex issues that arise in business.
Satoshi Imamura / Ikeda & Someya Law Office
At the Communications Infrastructure Bureau of the Ministry of Internal Affairs and Communications, I was in charge of legal interpretation and policy regarding the confidentiality of personal information and communications and the protection of information related to privacy. In particular, we provide advice from the perspective of government authorities on matters in the IT and telecommunications fields, including online services and platforms. Regarding the use of data, which is attracting attention these days, we combine our expertise in competition law and consumer-related law with our knowledge of domestic and international personal data laws, including GDPR, to improve our client's business. We provide comprehensive support for development.
Masaaki Miyauchi / Ikeda & Someya Law Office
At our firm, we handle a variety of cases, including the Antimonopoly Act, Subcontract Act, Premiums and Representations Act, Specified Commercial Transactions Act, Consumer Contract Act, and Pharmaceutical and Medical Devices Act. I also have experience in enforcement and policy practice under the Specified Commercial Transactions Act. Additionally, in the past, as an in-house lawyer at Keidanren, he has experience in rulemaking from the perspective of the business community, including the revision of competition laws, consumer laws, and corporate laws in general, as well as the development of government guidelines. In addition, we are well-versed in the rapidly changing trends in laws and regulations. Based on this experience and knowledge, we provide legal services from a corporate perspective, taking into account execution practices and policy practices.
Profile
Ikeda & Someya Law Office https://www.ikedasomeya.com/
On October 2018, 10, it was established by two representative lawyers with experience working at the Fair Trade Commission (Tsuyoshi Ikeda) and the Consumer Affairs Agency (Takaaki Someya). We are a boutique law firm that focuses on related fields. In May 1, we moved our office to Yurakucho Itosia to expand our business, and in May 2020 we opened an Osaka office.
Our firm has 5 qualified lawyers, including 4 with experience working for the Fair Trade Commission, 20 with experience working at the Consumer Affairs Agency, and people with experience working in regulatory agencies and major companies. As a boutique law firm with the largest team in Japan, we provide services that are helpful to our clients.
This seminar has ended.
