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Confident Entry through Legal ComplianceA Comprehensive Guide to Japanese EC Regulations: From PMD and Labeling Laws to Trademark, Customs, and Tax Systems

Japan’s e-commerce market is built on strict consumer protection frameworks and regulatory transparency. For Southeast Asian brands aiming for sustainable success, clearing regulatory hurdles is the essential first step.

1. PMD Act (Pharmaceuticals and Medical Devices Law):

Advertising and sales compliance is critical

  • The PMD Act governs not only the manufacturing and sale of pharmaceuticals, quasi-drugs, cosmetics, and medical devices but also imposes strict rules on web-based advertising.

  • Claims of efficacy or use of unapproved ingredients in promotions are illegal and subject to administrative penalties or criminal sanctions.

  • Depending on the product type, having a registered pharmacist or licensed seller is legally required.

Tip: Legal compliance extends beyond paperwork—it includes website language, staff operations, and customer service scripts.

2. Premiums and Representations Act:

Building trust through responsible advertising

  • The law prohibits false or misleading representations—such as exaggerated claims ("better than reality") or misleading pricing.

  • Violations can incur penalties up to 3% of total sales, regardless of intent.

  • Examples include “lose weight by drinking only this” claims or false labeling of country of origin.

Tip: All product descriptions must be evidence-based. Dual-layer (internal + external) compliance checks are essential.

3. Trademark & Customs:

Protecting IP and understanding parallel import rules

  • Importing and selling products without trademark owner permission constitutes IP infringement, subject to seizure and import bans.

  • Parallel imports are legal only if the goods are genuine and meet strict quality control equivalence with the trademark owner.

Tip: Secure all trademarks in Japan before EC launch, and work closely with customs, IP lawyers, and marketplaces.

4. Tax Compliance:

Transparent accounting fuels sustainable growth

  • Japan’s tax system includes 10% consumption tax, local business taxes, and the newly implemented invoice (qualified receipt) system.

  • Industry-specific exceptions (e.g., cross-prefecture delivery) require ERP integration and expert tax handling.

Tip: Implement a 3-step compliance system: certified accountant + ERP system + internal training.

5. Roadmap for Southeast Asian EC Entry

  1. Establish a local entity and outsource legal/tax support

  2. Educate staff on laws (e.g., PMD, advertising, IP)

  3. Maintain compliance monitoring from launch to scaling

  4. Disclose return policies and FAQs to enhance trust

  5. Adapt to OMO (Online-Merge-Offline) environments

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© JASEC 2017

Japan E-Commerce Association

Japan Academic Society for E-Commerce

 

Shoji NISHIMURA Lab., Faculty of Human Sciences, Waseda Univ.
2-579-15 Mikajima, Tokorozawa, Saitama 359-1192, Japan

info@jasec.or.jp +81-4-2947-6717

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