Japan’s Whistleblower Protection Law

Overview

Japan has enacted a law aimed at protecting whistleblowers who report facts that may be detrimental to the public interest. This article summarizes the key points of the law.

Prohibition on Dismissal and Unfavorable Treatment (Article 3)

• Workers who engage in whistleblowing related to reportable facts are protected from dismissal or unfavorable treatment by their employers.

Exceptions for National Public Employees (Article 7)

• Regular service national public employees, such as civil servants, court officers, and self-defense forces personnel, are governed by their respective laws (e.g., National Public Service Act) and not subject to this law.

Obligations of Whistleblowers (Article 8)

• Whistleblowers must make efforts not to damage the legitimate interests of others or the public interest.

Response of Business Operators (Article 9)

• Business operators who receive a written whistleblowing disclosure must notify the whistleblower that they have taken measures to stop the reportable fact or that there is no reportable fact.

Investigation and Measures by Administrative Organs (Article 10)

• Administrative organs that receive a whistleblowing disclosure must conduct investigations and take appropriate measures if the investigations confirm the existence of a reportable fact. If the whistleblowing concerns a criminal act, the provisions of the Code of Criminal Procedure apply.

Notification to Whistleblower (Article 11)

• If a whistleblowing disclosure is made to an administrative organ with no authority to impose a disposition or recommendation, the relevant administrative organ must inform the whistleblower of the administrative organ with the authority to do so.

Effective Date and Review

• Supplementary Provisions
  • Article 1: This Act comes into effect within two years from the day of promulgation and applies to whistleblowing conducted on and after the effective date.
  • Article 2: The government will review the state of enforcement of this Act approximately five years after it comes into force.

Applicable Laws

The following laws are subject to whistleblower protection:

• Environmental Conservation Law
• Waste Disposal and Cleaning Act
• Laws related to consumer protection
• Competition law
• Other laws related to citizen’s lives, bodies, property, and other interests