Chapter III Measures to Be Taken by Business Operators
第三章 事業者がとるべき措置等
Article 11Measures to Be Taken by Business Operators
第十一条（事業者がとるべき措置）
Changes on (Act No. 62 of 2025)
A business operator must designate a person to be engaged in the operations of receiving whistleblowing provided for in Article 3, item (i) and Article 6, item (i), investigating the reportable fact relating to the whistleblowing, and taking necessary measures to correct it (referred to as the "operations to respond to whistleblowing" in the following Article) (referred to as a "person engaged in the operations to respond to whistleblowing" in the following Article).
Changes on (Act No. 62 of 2025)
In addition to what is provided for in the preceding paragraph, a business operator must establish necessary systems to respond to and to appropriately handle the whistleblowing provided for in Article 3, item (i) and Article 6, item (i), and take other necessary measures, in order to protect whistleblowers and to ensure compliance with the provisions of laws and regulations relating to the protection of the lives, physical wellbeing, property, and other interests of citizens by making use of the content of whistleblowing.
Concerning any business operator that regularly employs 300 or fewer workers, the phrase "must designate" in paragraph (1) is replaced with "must endeavor to designate" and the phrase "must establish" in the preceding paragraph is replaced with "must endeavor to establish".
The Prime Minister is to establish guidelines necessary for the appropriate and effective implementation of the measures to be taken by business operators based on the provisions of paragraphs (1) and (2) (including as applied following the replacement of the terms pursuant to the provisions of the preceding paragraph) (these guidelines are simply referred to below as the "guidelines" in this Article).
When establishing the guidelines, the Prime Minister must hear the opinion of the Consumer Commission in advance.
内閣総理大臣は、指針を定めようとするときは、あらかじめ、消費者委員会の意見を聴かなければならない。
Upon establishing the guidelines, the Prime Minister is to publicize them without delay.
内閣総理大臣は、指針を定めたときは、遅滞なく、これを公表するものとする。
The provisions of the preceding two paragraphs apply mutatis mutandis to any change of the guidelines.
A person who is or was engaged in the activity of dealing with whistleblowing must not divulge any information which comes to the person's knowledge in connection with the activity of dealing with whistleblowing that enables the identification of the whistleblower, without just cause.
公益通報対応業務従事者又は公益通報対応業務従事者であった者は、正当な理由がなく、その公益通報対応業務に関して知り得た事項であって公益通報者を特定させるものを漏らしてはならない。
Article 13Measures to Be Taken by Administrative Bodies
第十三条（行政機関がとるべき措置）
Changes on (Act No. 62 of 2025)
If whistleblowing provided for in Article 3, item (ii) and Article 6, item (ii) is conducted by a whistleblower, an administrative body with the authority to impose a disposition or make a recommendation, etc. regarding the reportable fact must conduct necessary investigations, and if it recognizes that the reportable fact subject to the whistleblowing exists, it must take measures based on laws and regulations or any other appropriate measures.
Changes on (Act No. 62 of 2025)
In order to ensure appropriate implementation of the measures provided for in the preceding paragraph, an administrative body (excluding the officials provided for in Article 2, paragraph (4), item (i)) that has the authority to impose a disposition or make a recommendation, etc. with regard to a reportable fact must respond to the whistleblowing provided for in Article 3, item (ii) and Article 6, item (ii), establish a system necessary for appropriately responding to it, and take other necessary measures.
Notwithstanding the provisions of the preceding two paragraphs, if the whistleblowing referred to in paragraph (1) concerns a fact that constitutes a criminal act as provided for in Article 2, paragraph (3), item (i), the provisions of the Code of Criminal Procedure (Act No. 131 of 1948) govern the criminal investigation and prosecution.
第十四条（教示）
If a whistleblowing referred to in paragraph (1) of the preceding Article is erroneously conducted to an administrative body that does not have the authority to impose a disposition or make a recommendation or other act regarding the reportable fact subject to the whistleblowing, the administrative body must inform the whistleblower of the administrative body that has the authority to impose a disposition or make a recommendation or other act regarding that reportable fact.
business operatormachine translation
「事業者」
A corporation or other organization, or an individual who carries on a business.
Defined inArticle 2, paragraph (1)
whistleblowingmachine translation
「公益通報」
A report made, not for a wrongful purpose such as gaining an unfair benefit or harming others, by one of the persons the items of Article 2, paragraph (1) list (workers, dispatched workers (派遣労働者) and officers (役員) among them), that a reportable fact (通報対象事実) has occurred or is about to occur at the business operator (事業者) the item names for that person, the recipient of services (役務提供先), or among its officers, employees, agents or others, made to that business operator or a person it designated in advance, to an administrative body (行政機関) with authority to make a disposition (処分) or recommendation about the fact or a person that body designated in advance, or to another person to whom reporting it is considered necessary to prevent it or the spread of the harm it causes.
Defined inArticle 2, paragraph (1)· applies throughout the law
dispositionmachine translation
「処分」
An order, a revocation or another act by which public authority is exercised.
Defined inArticle 2, paragraph (1)
recommendation, etc.machine translation
「勧告等」
A recommendation, or any other act that is not a disposition (処分, an order, revocation or other exercise of public authority).
Defined inArticle 2, paragraph (1)
laws and regulationsmachine translation
「法令」
Acts (法律) and orders (命令) made under Acts.
Defined inArticle 2, paragraph (1)
worker
「労働者」
A worker as Article 9 of the Labor Standards Act defines one: a person, in any kind of occupation, who is employed at a business or office and is paid wages.
Defined inArticle 2, paragraph (1), item (i)
whistleblower
「公益通報者」
A person who has made a whistleblowing report (公益通報), as Article 2, paragraph (1) defines it.
Defined inArticle 2, paragraph (2)· applies throughout the law
reportable fact
「通報対象事実」
A criminal act, or a fact that is grounds for a civil fine (過料), under this Act or one of the Acts listed in the Appended Table (別表) as Acts protecting people's life, body, property and other interests, such as consumers' interests, the environment and fair competition, including orders under them; or the facts that are the grounds for a disposition (処分) under an Act listed in the Appended Table, where breaching that disposition would be such a criminal act or ground for a fine, including, where that disposition was made for breaching another disposition or not following a recommendation, etc. (勧告等) under those Acts, the grounds for that other disposition or recommendation.
Defined inArticle 2, paragraph (3)· applies throughout the law
administrative body
「行政機関」
The following bodies: the Cabinet Office (内閣府), the Imperial Household Agency (宮内庁), the commissions and agencies placed within it under Article 49, paragraph (1) or (2) of the Act for Establishment of the Cabinet Office, the Digital Agency (デジタル庁), the ministries, commissions and agencies provided for in Article 3, paragraph (2) of the National Government Organization Act, the bodies placed under the Cabinet's jurisdiction (内閣の所轄) by an Act (法律), the bodies placed within any of these, and officials of these bodies whom an Act allows to exercise authority independently; and the organs of local governments (地方公共団体) other than their assemblies (議会). Until the Reconstruction Agency (復興庁) is abolished, Article 3, paragraph (1) of the supplementary provisions (附則) of the Act that set up that Agency (Act No. 125 of 2011) reads the list with the Reconstruction Agency added after the Digital Agency.
Defined inArticle 2, paragraph (4)· applies throughout the law
operations to respond to whistleblowingmachine translation
「公益通報対応業務」
In Article 12, the work of receiving whistleblowing (公益通報) made to the business operator (事業者) or to a person it designated in advance, as Articles 3 and 6 describe it, investigating the reportable fact (通報対象事実) it concerns, and taking the measures needed to correct it.
Short name set inArticle 11, paragraph (1)· applies only in this provision and in Article 12
person engaged in the operations to respond to whistleblowingmachine translation
「公益通報対応業務従事者」
In Article 12, a person a business operator (事業者) designates under Article 11, paragraph (1) to do its operations to respond to whistleblowing (公益通報対応業務): receiving whistleblowing (公益通報) made to the business operator or to a person it designated in advance, investigating the reportable fact (通報対象事実) it concerns, and taking the measures needed to correct it.
Short name set inArticle 11, paragraph (1)· applies only in this provision and in Article 12
guidelines
「指針」
In Article 11, the guidelines the Prime Minister (内閣総理大臣) sets for the proper and effective carrying out of the measures business operators (事業者) must take under Article 11, paragraphs (1) and (2): designating persons to handle whistleblowing (公益通報) and setting up the systems needed to deal with it.
Short name set inArticle 11, paragraph (4)· applies only in this article
Consumer Commission
消費者委員会
A commission placed in the Cabinet Office (内閣府) (Act for Establishment of the Consumer Affairs Agency and the Consumer Commission, Article 6, paragraph (1)), of no more than ten members whom the Prime Minister appoints and who exercise their authority independently (Articles 7, 9, paragraph (1), and 10, paragraph (1)). It investigates and deliberates on important matters — among them the protection and promotion of consumers' interests, the proper regulation of premiums and representations, and prices — on its own initiative, making recommendations to the Prime Minister, the Ministers concerned or the Commissioner of the Consumer Affairs Agency, and when one of them consults it; and it deals with the matters that the Acts Article 6, paragraph (2), item (iv) lists give it (Article 6, paragraph (2), items (i), (ii) and (iv)). Under the Act against Unjustifiable Premiums and Misleading Representations, the Prime Minister must hear its opinion before designating what counts as a premium or a representation, or restricting or banning premiums (Articles 3 and 6); under the Act on Specified Commercial Transactions, the Minister in charge must consult it before drafting certain Cabinet Orders (政令) (Article 64).
Written by AI using Act for Establishment of the Consumer Affairs Agency and the Consumer Commission, Arts. 6, 7, 9, 10, Act against Unjustifiable Premiums and Misleading Representations, Arts. 3, 6 and Act on Specified Commercial Transactions, Art. 64 as a reference.
Prime Minister
内閣総理大臣
The head of the Cabinet. Designated by the Diet from among its own members, and appointed by the Emperor on that designation (Articles 67 and 6). The Prime Minister appoints and may dismiss the other Ministers of State at will, and a majority of them must be members of the Diet (Article 68). No Minister of State can be subjected to legal action while in office without the Prime Minister's consent (Article 75).
Written by AI using Constitution, Arts. 6, 67, 68, 75 and Wikipedia: Prime Minister of Japan as a reference.