Regulatory guidance / voluntary codes in Japan
On 19 April 2024, the Ministry of Internal Affairs and Communications and the Ministry of Economy, Trade and Industry released the 'AI Guidelines for Business Ver1.0' (‘AI Guidelines’). The AI Guidelines were subsequently updated, and the latest version is the 'AI Guidelines for Business Ver.1.2', published on 31 March 2026. Ver.1.2 reflects recent developments in AI technology, including AI agents and physical AI, by adding definitions of these technologies and addressing their expected benefits, associated risks and practical considerations. The updates cover, among other things, the benefits of autonomous coordination, analysis and decision-making by AI agents and the use of physical AI in real-world environments, while also highlighting risks such as unintended autonomous behaviour, expanded attack surfaces, increased difficulty of control and malicious code generation, as well as safeguards such as human involvement mechanisms and minimum privilege settings. Although the AI Guidelines are non-binding, they aim to establish guiding principles for business operators using AI to promote innovation and use of AI while reducing the social risks posed by AI. The AI Guidelines are abstract in nature, outlining the basic principles and approaches for ensuring safety of AI use whilst maximising the benefits. In response, the 'Appendix to the AI Guidelines' provides specific desirable approaches for AI-related business entities.
In addition to the AI Guidelines, there are several guidelines that establish legal interpretations of AI-related matters within the existing legal framework. For example, on 15 March 2024, the Agency for Cultural Affairs released the 'General Understanding on AI and Copyright in Japan' to clarify its view on the copyrightability of AI-generated works. The copyrightability of such works is determined on a case-by-case basis, considering factors such as the quantity and content of instructions and inputs (such as prompts), the number of attempts to generate works and the selection process from among multiple generated works.
The LDP Headquarters for the Promotion of Digital Society Project Team on the Evolution and Implementation of AIs published an 'AI White Paper 2024: New Strategies in Stage II - Toward the world's most AI-friendly country' in April 2024 (‘2024 White Paper’). The 2024 White Paper reflects on the rapid evolution of the AI landscape since the publication of the 2023 White Paper (referred to below) and sets out a Stage II strategy to enhance Japan's AI competitiveness and safety, promote AI R&D and utilisation, and lead international AI rulemaking, whilst fostering cooperation with Asian countries and the global south.
The LDP Headquarters for the Promotion of Digital Society Project Team on the Evolution and Implementation of AIs published an 'AI White Paper Japan's National Strategy in the New Era of AI' in April 2023 (‘2023 White Paper’). The 2023 White Paper outlined Japan's strategy in the new era of AI, focusing on the impact of large-scale language models like ChatGPT, the need for a new national strategy and the importance of international competitiveness and regulatory frameworks.
In January 2019, the Cabinet Office of Japan published 'Social Principles of Human Centric AI' (‘Social Principles’), introducing a collection of social principles for AI and highlighting some factors to be considered in the research and development of AI, as well as its implementation in society.
