Digitale Plattformen und Verbraucherschutz in Japan

Abstract

In recent years, the Japanese legislator has enacted several regulations on digital platforms. In particular this includes a law on the protection of consumer interests regarding the use of digital platforms for trading (“Act”). In the case of trading through digital platforms, the Act establishes obligations of operators of digital platforms (DPFs) to make efforts regarding (i) smooth communication on the DPF, (ii) complaint procedures and respective procedures to handle such complaints (iii) authentication of businesses selling goods or services through a DPF (Section 3). The consumer agency may under certain condition order DPFs to stop certain businesses from using the respective DPF (Art. 4). The Act does not include provisions on civil liability for damages. It applies only with regard to B2C-constellations. However, voices in legal literature argue that C2C-constellations should be included in the Act as well.