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Thought Leader

Thought Leaders - Data 2019

Q&A

WWL Ranking: Thought Leader

Questions & Answers

Takashi Nakazaki has been consistently ranked as one of the top lawyers in the fields of data protection and information security over the past several years. He published a bestselling publication about GDPR in April 2018. In addition, he regularly assists the Japanese government in the areas of data protection and cyber law, including drafting the Contract Guidelines on Utilization of AI and Data. Takashi leads both the IAPP Tokyo (as co-chair) and the technology and information practice group of Anderson Mōri
& Tomotsune.

WHAT ATTRACTED YOU TO A CAREER IN LAW?

Technology continues to advance rapidly in both the TMT and IT fields, constantly creating new possibilities for business. It generally takes a substantial period of time to establish laws in Japan, and an even longer period of time to establish new or amend current laws to address and keep pace with the rapid changes that are brought about through the implementation of new technologies. This has created a need within the TMT and IT sectors for practical legal advice and is the type of challenging and exciting work which attracted me to this practice.

HOW HAS THE MARKET CHANGED SINCE YOU FIRST STARTED PRACTISING?

Over the past several years many regions and countries have adopted regulations on the cross-border transfer of personal data and data localisation policies to protect important data. Also some countries have issued regulations and guidelines in data, AI, robot and other technology areas. These changes have created a newly niche legal market and demand for lawyers specialised in those areas.

WHAT MAKES ANDERSON MORI & TOMOTSUNE STAND OUT FROM ITS COMPETITORS IN THE FIELD?

Anderson Mori & Tomotsune is a full-service law firm formed by the winning combination of three leading law firms in Japan. Our combined firm provides an extraordinarily powerful value proposition in the field. Housing all of these synergistic practices under one roof, and further increasing our resource scale, we have the capability to serve a multinational client base on in-bound, out-bound and domestic projects, by providing expert, timely and cost-efficient advice across a full range of legal issues, and in the largest, most complex, cross-sector transactions.

JAPAN HAS INTRODUCED VARIOUS REGULATIONS AND GUIDELINES RELATING TO DATA PROTECTION IN RECENT YEARS, SUCH AS AMENDMENTS TO THE ACT ON PROTECTION OF PERSONAL INFORMATION (APPI) IN 2017. HOW HAVE NEW GUIDELINES SUCH AS THESE AFFECTED YOUR PRACTICE?

Under the amended APPI, new restrictions on cross-border transfers were introduced. These restrictions apply not only to the provision of information to third parties but also to the outsourcing of data processing and the sharing of personal data among group companies. As a result of the amendments, many Japanese companies were required to amend the terms of use of their websites or products or obtain prior consent from the data subjects. Also, in order to ensure the traceability of the flow of personal data, the APPI imposes obligations on entities to maintain a record of disclosures. This record-keeping obligation is unique to Japan and was introduced in light of a significant data breach by an educational service provider that occurred several years ago in Japan. In this particular case, the authorities could not sufficiently trace the flow of personal data. The parties on which such traceability obligations are imposed differ depending on whether the data transfer is domestic or cross-border. For disclosure within Japan, such obligations are imposed on both the disclosing party and the receiving party; while for cross-border transfers, such obligations are only imposed only on the disclosing party in Japan and not on the receiving party in the foreign country. Practically, the traceability requirement would impose a high burden on Japanese companies, especially where they handle a large amount of personal data.

Furthermore, the Japanese government plans to amend APPI in 2020 to boost data business in Japan. It is currently predicted to introduce pseudonymised data, and we have started to advise clients on how to improve their data business models in the near future.

CLOUD SERVICE DATA ISSUES, ESPECIALLY IN THE MEDICAL INDUSTRY, ARE A CONCERN FOR THE JAPANESE GOVERNMENT. WHAT ISSUES ARE INVOLVED, AND HOW CAN THEY BE TACKLED?

The Japanese government has concerns about storing important or sensitive data on a cloud service, since it is difficult to have sufficient control over stored data on a server located outside Japan. For medical data, the government continues to update and integrate guidelines corresponding to the cloud service era. The government updated cybersecurity guidelines for infrastructure industries in May 2019 and requires certain data to be stored on a domestic server.

HOW DO YOU THINK AI WILL SHAPE YOUR PRACTICE IN FUTURE YEARS?

AI would offer advanced research functionality, and we would be able to conduct research much more efficiently and speedily. Also, AI would assist in reviewing contracts and agreements from the domestic law and multi-jurisdictional law perspectives, and we could provide services at a lower cost more quickly.

WHAT WOULD YOU LIKE TO ACHIEVE THAT YOU HAVE NOT YET ACCOMPLISHED?

In the future, I would like to organise a cross-border project to compare and analyse data, security or other technology issues from the international and legal perspectives – such as a publication with contributions from multi-jurisdictional authors.

WHAT IS THE BEST PIECE OF ADVICE YOU HAVE EVER RECEIVED?

One of my mentors always said, "Don't let others manage your career because you will be unhappy with the results." What he meant by this was focusing on the skills and experiences you need to ultimately be in your dream job. I managed my moves carefully, making sure that I built the right skills to be specialised in the data protection and cybersecurity areas.

Global Leader

WWL Ranking: Recommended

WWL says

 Takashi Nakazaki has strong experience across the IT sector and draws high praise for his standout work on IP, licensing and e-commerce matters.

Biography

Takashi Nakazaki is special counsel at Anderson Mori & Tomotsune with broad experience in the areas of data protection and privacy (including big data and IoT), information security, intellectual property including copyright and trademarks, licensing (including software licences and patent licences), and payment services (including credit cards and pre-paid cards). Further, he has experience working on matters relating to cyber law issues such as cloud computing, domain names, e-commerce, and social media and other technology related areas (including computer forensics, digital copyright, software development and open source code), telecommunications, labour and general corporate law.

In the area of cyber law, he frequently advises various international and domestic online service companies including operators of online games, social games, online gambling, SNS and live streaming. In addition, he regularly assists the Japanese government in data protection and cyber law areas including the national Omote-nashi (Hospitality) project and continuously leads IAPP Tokyo as a co-chair.

Recently, he has focused on artificial intelligence, casino, e-sport, gambling, social media and robot issues, and also contributes to the IBA technology committee and AIPPI Japan as an editorial board member.

Mr Nakazaki has been ranked as one of the top lawyers in the data protection and information security field for the past several years. He leads the technology and information practice group of Anderson Mori & Tomotsune.

Mr Nakazaki received his LLB from the University of Tokyo (1998), and holds an LLM from Columbia Law School (2008). He worked for Arnold & Porter LLP (September 2008–June 2009) before resuming his position at Anderson Mori & Tomotsune.

Data - Telecoms & Media 2019

Professional Biography

WWL Ranking: Recommended

WWL says

Takashi Nakazaki specialises in TMT matters, advising on regulations, corporate issues, and sector-specific technical concerns, and stands out as one of the leaders in the area in the Japanese market.

Biography

Takashi Nakazaki is special counsel at Anderson Mori & Tomotsune with broad experience in the areas of data protection and privacy (including big data and IoT), information security, intellectual property including copyright and trademarks, licensing (including software licences and patent licences), and payment services (including credit cards and pre-paid cards). Further, he has experience working on matters relating to cyber law issues such as cloud computing, domain names, e-commerce, and social media and other technology-related areas (including computer forensics, digital copyright, software development and open source code), telecommunications, labour and general corporate law.

In the area of cyber law, he frequently advises various international and domestic online service companies including operators of online games, social games, online gambling, SNS and live streaming. In addition, he regularly assists the Japanese government in data protection and cyber law areas including the national Omote-nashi (Hospitality) project and continuously leads IAPP Tokyo as a co-chair.

Recently, he has focused on artificial intelligence, casino, e-sport, gambling, social media and robot issues, and also contributes to the IBA technology committee and AIPPI Japan as an editorial board member.

Mr Nakazaki has been ranked as one of the top lawyers in the data protection and information security field for the past several years. He leads the technology and information practice group of Anderson Mori & Tomotsune.

Mr Nakazaki received his LLB from the University of Tokyo (1998), and holds an LLM from Columbia Law School (2008). He worked for Arnold & Porter LLP (September 2008–June 2009) before resuming his position at Anderson Mori & Tomotsune.

National Leader

Japan - Data

Professional Biography

WWL Ranking: Recommended

WWL says

Takashi Nakazaki is a highly regarded IT lawyer with first-rate expertise in cyber, e-commerce and technology matters.

Biography

Takashi Nakazaki is special counsel at Anderson Mori & Tomotsune with broad experience in the areas of data protection and privacy (including big data and IoT), information security, intellectual property including copyright and trademarks, licensing (including software licences and patent licences) and payment services (including credit cards and pre-paid cards). Further, he has experience working on matters relating to cyber law issues such as cloud computing, domain names, e-commerce, and social media and other technology related areas (including computer forensics, digital copyright, software development and open source code), telecommunications, labour and general corporate law.

In the area of cyber law, he frequently advises various international and domestic online service companies including operators of online games, social games, online gambling, SNS and live streaming. In addition, he regularly assists the Japanese government in data protection and cyber law areas including Contract Guidance on Utilization of AI and Data and continuously leads IAPP Tokyo as a co-chair. He also published a best-selling publication on GDPR in April 2018.

Recently, he has focused on artificial intelligence, casinos, e-sports, gambling, social media and robot issues, and also contributes to the IBA technology committee and AIPPI Japan as an editorial board member.

Mr Nakazaki has been ranked as one of the top lawyers in the data protection and information security field for the last several years. He leads the technology and information practice group of Anderson Mori & Tomotsune.

Mr. Nakazaki received his LLB from the University of Tokyo (1998), and holds an LLM from Columbia Law School (2008). He worked for Arnold & Porter LLP (September 2008 – June 2009) before resuming his position at Anderson Mori & Tomotsune.

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