Generative AI / AI Tool Implementation & Operations (Internal deployment; provision of products/services to group companies)
Issues spotting for closed-environment deployment and global roll-out (including feasibility of deployment in China; integration with office productivity solutions; image-generation and other multimodal features), covering relevant regulatory requirements in each jurisdiction.
Compliance validation for AI tool usage, including operation of checklists, involvement of the second line of defense, user precautions / notices, and sector-specific regulatory considerations.
Assessment of whether the service “does not handle personal data” (i.e., analysis under the so-called “cloud exception”), including vendor/subcontractor management and security measures; compliance with the APPI Article 28 cross-border transfer rules; and assessment of appropriate disclaimers and user notices.
Identification and documentation of key compliance considerations for generative AI adoption, primarily focusing on handling of personal data and confidential information, and preparation of internal materials.
Personal Data / Data Utilization & AI (Prompting; summarization and analytics; “entrustment” vs. so-called cloud exception, etc.)
Support for APPI-compliant treatment of personal information in the context of generative AI use.
Advice on interpretation of purposes of use where personal information (personal data) is input for AI-driven summarization/analysis, and on whether updates to privacy policies are required.
Advice on interpretation of AI service terms of use, including risks that input data may be used for training; recommended inquiry/approval procedures; and the level of caution required when inputting confidential information.
Advice on structuring “provision” vs. “entrustment” under APPI for AI service use, including establishment of a standards-compliance framework and the design of vendor oversight.
APPI-specific measures where subcontractors, data storage locations, or data processing locations are outside Japan.
Contracts, Commissioned Development, Outsourcing & AI (Development sites; contractors; sub-outsourcing)
Drafting contractual clauses to substantiate the position that “personal data will not be handled” in connection with AI service use, including provisions on security controls and confidentiality.
Advice on use of generative AI in offshore development, including potential applicability of Japan’s foreign exchange and foreign trade regulations and U.S. export controls (e.g., EAR/ECRA), and preparedness for future regulatory changes.
Advice regarding generative AI use in commissioned development, including whether handling of personal data constitutes entrustment, as well as copyright issues, cost negotiations, and considerations under subcontracting/competition-related rules (e.g., abuse of superior bargaining position).
Guidance on copyright treatment in AI-assisted software development, including explanations to user companies and drafting of relevant contractual clauses.
Internal Guidelines / Policies and Governance
Development and revision of guidelines for safe use of generative AI, including positioning of RAG, restrictions on input data, configuration requirements, and整理/analysis of copyright and safety considerations.
Design of governance processes and check items for generative AI usage (including review workflows and operational controls).