Cold Calling Laws in Japan

Which laws cover cold calling in Japan?

• The Act on Specified Commercial Transactions (Act No. 57 of 1976). Sections 16 to 25 set the rules for telemarketing sales to consumers, and section 26 lists the sales they don't cover.
• The Act on Regulation of Transmission of Specified Electronic Mail, which covers marketing emails after the call.
• The Act on the Protection of Personal Information (APPI), which covers how you handle contacts' names and numbers.

Is B2B cold calling legal in Japan?

Yes. Under section 26(1)(i) of the Act on Specified Commercial Transactions, the telemarketing rules don't apply to a sale where the buyer enters into the contract for business purposes or as part of their business. A call selling to a company for its business is outside them.

The rules still apply if the person you call buys for their own use, so keep the conversation about the company's needs.

Calling consumers in Japan

• Before soliciting, tell the person your company's name, your own name, what you're selling, and that the call is to sell it (section 16).
• Don't keep soliciting someone who has said they don't want to sign a contract (section 17).
• Give the consumer documents with the details of the offer and the contract (sections 18 and 19).
• The consumer can withdraw or cancel in writing within 8 days of receiving those documents (section 24).

Is there a do not call register in Japan?

No. Section 17 only stops you from soliciting someone again after they've told you no. The Japan Federation of Bar Associations called on 14 July 2022 for a register that would let consumers refuse telephone sales in advance, but Japan hasn't introduced one.

Penalties for breaking the rules

If a company breaks the telemarketing rules, including sections 16 and 17, the competent minister can issue instructions and order it to suspend its telemarketing business, in whole or in part, for up to 2 years (sections 22 and 23). The Consumer Affairs Agency enforces the Act.

Emails after the call

Under section 3 of the Act on Regulation of Transmission of Specified Electronic Mail, you can only send marketing emails to people who agreed to receive them or gave you their address, people you have a business relationship with, or businesses that have published their email address. Keep a record of consent, and stop when someone asks.

Before you call Japanese businesses: a checklist

• Call companies about products for their business.
• Say your company's name, your name and why you're calling at the start of every call.
• Stop at once if someone says they're not interested, and don't call them back about it.
• If you sell to consumers, send the contract documents and respect the 8-day cooling-off period.
• Only send follow-up emails to people who agreed, are customers, or have published their business address.

Can you call a lead in Japan who asked you to?

No register to check · Not applicable

• Japan has no do-not-call register. The telemarketing rules only ban soliciting someone again after they've said no.
• Sales to a business for its business are outside those rules.

Source: Act on Specified Commercial Transactions (English, tentative translation) · Do not call exemptions by country