Regulations for Enforcement of the Act on Improving Transparency and Fairness of Specified Digital Platforms（Order of the Ministry of Economy, Trade and Industry No. 1 of 2021）
Last Version： Order of the Ministry of Economy, Trade and Industry No. 76 of 2025
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Regulations for Enforcement of the Act on Improving Transparency and Fairness of Specified Digital Platforms (Any data that the title of a law indicates to be a "Tentative translation" has not yet been proofread or corrected by a native English speaker or legal translation expert; this data may be revised in the future.Tentative translation)
Order of the Ministry of Economy, Trade and Industry No. 1 of February 1, 2021
Pursuant to the provisions of the Act on Improving Transparency and Fairness of Specified Digital Platforms (Act No. 38 of 2020) and to enforce the Act, the Regulations for Enforcement of the Act on Improving Transparency and Fairness of Specified Digital Platforms is established as follows.
(Definition of Terms)
Article 1Unless specifically provided in this Ministerial Order, the terms used in this Ministerial Order follows the definitions in the Act on Improving Transparency and Fairness of Specified Digital Platforms (Act No. 38 of 2020; referred to as "Act" below) and the Cabinet Order for Specifying the Business Category and Scale Under in Article 4, Paragraph (1) of the Act on Improving Transparency and Fairness of Specified Digital Platforms (Cabinet Order No. 17 of 2021; referred to as the "Order" below).
(Business Provided as an Ancillary Part of a Digital Platform)
Article 2The businesses specified by Order of the Ministry of Economy, Trade and Industry as prescribed in (b) in the right-hand column of item (i) of the table in paragraph (1) of the Order are those businesses that are provided to general users (limited to those that use the digital platform; hereinafter the same applies in the following Article (4)) as an ancillary part of the digital platform (limited to those for which notification was provided pursuant to Article 4, paragraph (2) of the Act; the same applies below in this Article and paragraph (3) of the following Article), and that bears the cost required to repair goods provided by user providing goods, etc. (limited to those that use the digital platform; the same applies in this paragraph) in the event that goods are damaged; or other business relating to the provision of services or granting of rights incidental to the provision of goods, etc. by user providing goods, etc.
(Scope of Business Scale and Method of Calculation)
Article 3 (1)When the total amount in the right-hand columns of item (i) or (iii) of the table in paragraph (1) of the Order or the domestic sales amount in the right-hand column of item (iii) of the relevant table is to be converted into Japanese currency, the conversion is to be made by using the exchange rate (meaning the reference foreign exchange rates or the arbitrated foreign exchange rate stated in Article 7, paragraph (1) of the Foreign Exchange and Foreign Trade Act (Act No. 228 of 1949)) at the time of the notification.
(2)The calculation of the total amount in the right-hand column of items (i) of the table in paragraph (1) of the Order shall, when the total amount of domestic sales stated in (a) of that column is found to be significantly less than the amount of domestic sales stated in (b) of that column, be made by deducting the amount of domestic sales in (b) of that column.
(3)The scope of domestic sales in (a) of the right-hand column of item (i) of the table, the right-hand column of item (ii) of the table, and the right-hand column of item (iii) of the table referred to in paragraph (1) of the Order is the sales amount relating to business conducted primarily for domestic users (limited to those that use the digital platform).
(4)The scope of domestic sales in (b) of the right-hand column of item (i) of the table referred to in paragraph (1) of the Order is the sales amount relating to business conducted primarily for domestic general users.
(Notification of Digital Platform Providers)
Article 4 (1)The notification under the provisions of Article 4, paragraph (2) of the Act must be made for each business category specified in the middle column of the table in paragraph (1) of the Order by submitting a written notification prepared by using Form No. 1 by the last day of April of every fiscal year.
(2)When any changes occur to the particulars stated in a notification specified in the preceding paragraph, a specified digital platform provider must promptly provide notice of the changed particulars.
(3)Submission of notification specified in paragraph (1) and notification under the provisions of the preceding paragraph must be made in accordance with Article 6, paragraph (1) of the Act on the Advancement of Government Administration Processes That Use Information and Communications Technology (Act No. 151 of 2002) by a method using an electronic data processing system specified in that paragraph.
(Method of Disclosure of Conditions of Provision)
Article 5 (1)When disclosing the terms and conditions pursuant to Article 5, paragraph (1) of the Act, a specified digital platform provider must do so by the methods stated below. In this case, when the relevant terms and conditions have not been prepared in Japanese, a Japanese translation must be attached to them.
(i)to state with clear and plain language to users (limited to users who use the specified digital platform, including those who plan to use the specified digital platform; the same applies below); and
(ii)to be easily accessible for users before commencing and during use of the specified digital platform.
(2)When disclosing terms and conditions pursuant to Article 5, paragraph (1) of the Act, if attaching a Japanese translation specified in the preceding paragraph is unavoidably not possible, it is allowed to specify the deadline at the time of disclosure and to provide the translation within the deadline accordingly.
(Matters to Be Disclosed to User Providing Goods)
Article 6 (1)The matters to be specified by Order of the Ministry of Economy, Trade and Industry stated in Article 5, paragraph (2), item (i), (g) of the Act are the particulars stated in the right-hand column of the following table according to the business classifications in the left-hand column of the same table:
Business Category
Information That Must Be Reported
Businesses prescribed in the middle columns of item (i) of the table in paragraph (1) of the Order
(i) When a user providing goods , etc. (limited to those who use the specified digital platform; the same applies below) requests that the price, shipping charges, or other conditions pertaining to the provision of goods, etc. that the ser providing goods , etc. intends to provide using the relevant specified  digital  platform be equivalent to or more favorable than those provided through a provision channel other than the relevant specified  digital  platform, the details and reasons of them
(ii) When the means of payment pertaining to the Goods, etc. offered by a user providing goods, etc. using the specified digital platform and other terms and conditions on the provision of goods, etc. differ from those pertaining to the goods, etc. offered to General Users (limited to those who use the specified digital platform; the same shall apply below) in the businesses specified in (b) of the right-hand column of item (i) of the table in paragraph (1) of the cabinet order, the details and reasons of them
(iii) When a related company (a related company specified in Article 8, paragraph (8) of the Regulations on Terminology, Forms and Preparation Methods of Financial Statements (Ministry of Finance Order No. 59 of 1963); the same applies in this Article and the following Article) is a user providing goods, etc. and the terms and conditions of provision to the relevant related company differ from those offered to user providing goods, etc. other than the related company, the details and reasons of them
(iv) When Goods, etc. provided by a user providing goods, etc. are returned or all or part of the price of goods , etc. is refunded or other compensation is provided at the expense of the relevant user providing goods, etc., the details and terms of them
(v) When payment of all or part of the amount payable by the specified digital platform provider to a user providing goods, etc. as consideration for goods, etc. provided by the relevant user providing goods, etc. is withheld, the details and terms of them
Businesses prescribed in the middle column of item (ii) of the table in paragraph (1) of the Order
(i) When a specified  digital platform provider determines whether the display or viewing of information related to goods, etc. on the forum provided by the specified digital platform was performed by fraudulent means, whether user providers goods, etc. can obtain the criteria and results of such determination and other information pertaining to such fraudulent means, and if so, the details of the relevant information and the means and terms of the obtainment, and if not, the reasons for them
(ii) When a specified digital platform  provider determines that the display of information related to goods, etc. on the forum provided by the specified digital Platform damages the credibility or reputation of user providing goods, etc. or the viewability of information related to goods, etc. displayed or to be displayed on the forum, whether the user providing goods, etc. can obtain information concerning the result of the determination or other information relating to damage to the credibility or reputation of user providing goods, etc. or the viewability of information related to the relevant goods, etc., and if so, the details of the relevant information and the means and terms of  the obtainment, and if not, the reasons for them
(iii) The methods, procedures, and terms under which a person who provides services that, upon the request of user providing goods, etc., provide information, regarding the results of the display of information related to goods, etc. on a forum provided by a specified digital platform or other information concerning the effects of the  display to provide these  services to user providing goods, etc.
(iv) When a specified digital  platform provider determines the user providing goods, etc. who displays information related to goods, etc., if data concerning the relevant user providing goods, etc. is acquired or used, the details of the data and the terms relating to its acquisition or use
(v) When restrictions are imposed on user providing goods, etc., concerning the provision of data regarding the relevant user providing goods, etc. to persons other than the specified digital platform provider, or concerning using service provided by a person other than the specified digital platform provider regarding display of information related to goods, etc. as advertisement, the details and reasons of them
(vi) When a specified digital platform provider engages or intends to engage in a transaction stated below, the type of transaction and the policy of the specified digital platform provider concerning the method and system for operating the business related to the type of transaction and other measures for appropriately managing operation of the business
(a) Transactions in which there is a conflict of interest among user providing goods, etc. or between the specified digital platform and user providing goods, etc. when a specified digital platform provider determines the user providing goods, etc. who displays information related to goods, etc.
(b) Transactions in which the method of determining the user providing goods, etc. who displays information related to goods, etc. or other terms relating to the display of information related to the goods, etc. of user providing goods, etc. differ from the terms relating to the display of information pertaining to the goods, etc. of the specified digital platform provider or its related companies
Businesses prescribed in the middle column of item (iii) of the table in paragraph (1) of the Order
(i) When a specified digital platform provider determines whether the display or viewing of advertisements in the advertisement display frames of a user providing goods, etc. was performed by fraudulent means, whether the relevant user providing goods, etc. can acquire the criteria and results of the determination and other information related to the  fraudulent means, and if so, the details of the relevant information and the means and terms of the  acquisition, and if not, the reasons for them
(ii) When a specified digital platform provider determines that the display of advertisements in the advertisement display frames of a user providing goods, etc. damages the credibility or reputation of the relevant user providing goods, etc., whether the relevant user providing goods, etc. can obtain information concerning the criteria and result of the determination or other information relating to damage to the credibility or reputation of the user providing goods, etc., and if so, the details of the relevant information and the means and conditions of the obtainment, and if not, the reasons for them
(iii) When the specified digital platform provider determines the user providing goods, etc. who provides the services, with its advertisement display frames, for display of the advertising materials of general users as advertisements, in the case where data concerning the relevant user providing goods, etc.is acquired or used, the details of the data and the terms relating to its acquisition or use
(iv) When restrictions are imposed on user providers of goods, etc., concerning the provision of data regarding the relevant user providing goods, etc. to persons other than the specified digital platform provider, or concerning using service relating to the display of advertisements provided by a person other than the relevant specified digital platform provider, the details and reasons of them
(v) When a specified digital platform provider  engages or intends to engage in a transaction stated below, the type of transaction and the policy of the specified digital platform provider concerning the method and system for operating the business pertaining to the type of transaction and other measures for appropriately managing operation of the business
(a) Transactions in which there is a conflict of interest among users or between the  specified digital platform provider and user providing goods, etc. when a specified digital platform provider determines the user providing goods, etc. who displays the advertising materials of general users as advertisements
(b) Transactions in which the method of determining the user providing goods, etc. who displays the advertising materials of  general users as advertisements or other terms relating to the display of advertisements in the advertising display frames of user providing goods, etc. differ from the terms relating to the display of advertisements of the specified digital platform provider or its related companies
(2)Beyond what is provided for in the preceding paragraph, the method of calculating domestic sales prescribed in the relevant paragraph and other necessary particulars concerning application of the provisions of the relevant paragraph are provided by Order of the Ministry of Economy, Trade and Industry.
Supplementary Provisions
(Effective Date)
(1)This Cabinet Order comes into effect as of the date on which the Act comes into effect (February 1, 2021).
(Partial Amendment of the Cabinet Order Designating Acts Specified in Item (viii) of the Appended Table of the Whistleblower Protection Act)
(2)The Cabinet Order Designating Acts Specified in Item (viii) of the Appended Table of the Whistleblower Protection Act (Cabinet Order No. 146 of 2005) is partially amended as stated below.
Item (cdlvi) is renumbered as item(cdlvii), item (cdlv)is renumbered as item(cdlvi), and the following item is added after item (cdliv).
(cdlv)Act on Improving Transparency and Fairness of Digital Platforms (Act No. 38 of 2020)
Supplementary Provisions [Cabinet Order No. 246 of 2022 Extract]
(1)This Cabinet Order comes into force on August 1, 2022.
Supplementary Provisions [Cabinet Order No. 279 of 2025 Extract]
(Effective Date)
(1)This Cabinet Order takes effect on the effective date of the Act on Promotion of Competition in Specified Smartphone Software (December 18, 2025).
(Transitional Measures Accompanying the Partial Amendment of the Cabinet Order for Specifying the Business Category and Scale under in Article 4, Paragraph (1) of the Act on Improving Transparency and Fairness of Specified Digital Platforms)
(2)With regard to recommendations, orders, reports, inspections, and other actions pursuant to the provisions of Article 6, paragraphs (1) and (4), Article 8, paragraph (1), Article 10, paragraph (3), and Article 12, paragraphs (2) and (3) of the Act on Improving Transparency and Fairness of Specified Digital Platforms, for acts committed prior to the enforcement of the provisions of Article 4, the previous provisions shall remain applicable.
(3)With regard to the application of penalties for acts committed prior to the enforcement of the provisions of Article 4, and for acts committed after the enforcement of the provisions of Article 4 in cases where the previous provisions continue to apply pursuant to the preceding paragraph, the previous provisions shall remain applicable.