Initiatives of Our Office
With the advent of autonomous driving, the automobile industry faces a major turning point that occurs once every 100 years. In Japan, the Road Traffic Act, the Road Transport Vehicle Act, and other related laws and regulations have been revised to quickly implement autonomous driving in society. Currently, Level 4 (L4) autonomous driving is being implemented on public roads.
In order to respond to the drastic transformation of autonomous driving and MaaS, our office established a legal team for autonomous driving in 2019 to enhance our knowledge of the field of autonomous driving and MaaS and build a legal support system.
– Main Initiatives –
- 2019
- Attorney Yasuyori IWATSUKI became a Visiting Associate Professor of the Institutes of Innovation for Future Society at Nagoya University (belonging to the Legal System Unit for Autonomous Driving) and started “Autonomous driving & MaaS-related legal services” at our office.
- 2021
- Attorney Taketo MORITA became a Visiting Associate Professor of the Institutes of Innovation for Future Society at Nagoya University (belonging to the Legal System Unit for Autonomous Driving).
- Attorney Yasuyori IWATSUKI became a member of the System Leading Working Group of the 7th ASV Promotion Study Group in the Ministry of Land, Infrastructure, Transport and Tourism.
- Attorney Taketo MORITA became a member of the Cooperative Technology Examination Working Group of the 7th ASV Promotion Study Group in the Ministry of Land, Infrastructure, Transport and Tourism.
- Attorney Taketo MORITA gave a lecture on “Autonomous driving data usage, personal information and privacy” organized by the JEITA Autonomous Driving System Study Group.
- 2022
- Attorney Yasuyori IWATSUKI gave a lecture on “Legal responsibility for accidents in autonomous driving” organized by the Chubu District Transport Bureau of the Ministry of Land, Infrastructure, Transport and Tourism.
- Attorney Yasuyori IWATSUKI contributed the article “Autonomous Driving Systems and Compliance with the Road Traffic Act” to the July 2022 issue of the monthly Houritsu no Hiroba.
- 2023
- Attorney Yasuyori IWATSUKI gave a lecture on “The current status and issues of the legal system for autonomous driving” organized by the Nagoya District Public Prosecutors Office.
- Commissioned by the National Institute of Advanced Industrial Science and Technology (AIST) for “Analysis of legal issues and precedents related to autonomous driving services” in FY2023
- 2024
- Commissioned by the National Institute of Advanced Industrial Science and Technology (AIST) for “Analysis of legal issues and precedents related to autonomous driving services” in FY2024
Service Description
Support for response to accidents involving L4 autonomous driving vehicles
In the case of an accident involving a human being caused by an L4 autonomous driving system, unlike cases in which a human driver is held legally responsible in the past, the manufacturer/operator (including infrastructure) is held criminally responsible for the “professional negligence resulting in death or injury,” and the manufacturer is held civilly responsible for the “PL liability.” In particular, criminal responsibility is a highly specialized field that seeks to hold accountable those involved in design, manufacturing and operation when they are negligent. It is also called the “field of special professional negligence” in prosecution and trial practice.
Moreover, in the event of an accident involving an L4 autonomous driving system, it is essential to respond to investigations by the government, as well as to respond to the mass media and to issue external press releases in consideration of consumer concerns and corporate reputation, given the extremely high social interests.
Our office provides crisis response services for accidents involving L4 autonomous driving systems and legal advice on preparations for such accidents by attorneys who are former prosecutors well versed in autonomous driving laws and regulations with extensive experience in dealing with corporate crises.
– Related Lectures –
- 2024
- “Legal responsibility for autonomous driving accidents in the age of AI” (Organized by RXJAPAN Automotive World Nagoya/IWATSUKI in charge)
- 2023
- “The current status and issues of the legal system for autonomous driving” (Organized by the Nagoya District Public Prosecutors Office/IWATSUKI in charge)
- 2022
- “Legal responsibility for accidents in autonomous driving” (Automotive accident prevention seminar 2021 organized by the Chubu District Transport Bureau of the Ministry of Land, Infrastructure, Transport and Tourism/IWATSUKI in charge)
- 2022
- “Legal status and role of on-board data (Drive recorder, EDR, DSSAD, OBD)” (“Symposium on legal responsibility for accidents involving autonomous vehicles: How the investigation of legal responsibility for traffic accidents will change” organized by Global Research Institute for Mobility in Society, Institutes of Innovation for Future Society, Nagoya University, etc./IWATSUKI in charge)
- 2021
- “Do developers and operators of autonomous driving have criminal responsibility?” (The First Autonomous Driving Seminar Series organized by MATSUDA & PARTNERS/IWATSUKI in charge)
– What Our Office Can Do –
☑ Response by former prosecutors with expertise in handling special professional negligence cases such as accidents due to defective vehicles
☑ Response by a team including attorneys versed in the highly specialized field of the autonomous driving legal system
☑ In addition to dealing with the police, we can provide legal advice for a total solution that takes into consideration consumers and reputation as well as dealing with the mass media.
☑ Advice on establishing standards for L4 systems to prevent recurrence on the assumption of possible accidents
☑ Quick internal investigations on serious cases are also possible
Support for establishing safety requirements for L4 autonomous driving systems
According to the Safety Technical Guidelines for Autonomous Vehicles, safety which should be met by the L4 autonomous driving system is defined as “No reasonably foreseeable preventable accident resulting in injury or death caused by the automated driving system shall occur in ODD.” Specifically, as for safety requirements, it is assumed that in addition to complying with the current Road Traffic Act (which human drivers also comply with), the duty of care imposed on human drivers, which has been accumulated in court cases in the past, must also be complied with.
As such, even for L4 autonomous driving systems, as long as the current rules of the Road Traffic Act and the duty of care in court cases are required to be complied with, the safety requirements for L4 autonomous driving systems must be built based on these legal standards.
In addition, as operators of specified autonomous services may also be required to exercise the duty of care based on past court cases and may be legally responsible depending on the type of accident, a business flow based on such standards will be required.
Our office provides legal support for establishing safety requirements and business flow by former prosecutors and judges who are well versed in laws, regulations and judicial precedents that contribute to the safety requirements of L4 autonomous driving systems.
– For Companies and Municipalities that –
☑ Are at a loss in establishing safety requirements for L4 autonomous driving systems
☑ Do not understand the concept of duty of care in the field of special professional negligence with the assumption of accidents
☑ Do not know the rules under the Road Traffic Act to be incorporated in L4 autonomous systems
☑ Wish to create a business flow that takes into consideration the legal responsibilities of the parties involved in specified autonomous services
Legal support for management of personal information and privacy
L4 autonomous driving systems, especially cooperative autonomous driving systems, may use personal information and privacy information as a service, or may unintentionally obtain personal information and privacy information from sensors and cameras. Therefore, information management in accordance with the Personal Information Protection Act is strictly required.
Moreover, for cyber security, in addition to the risk of system intrusion and information leakage due to cyber attacks, appropriate crisis responses are required in the event of an actual incident.
– Related Lectures –
- 2024
- “Information leakage due to cyber attacks and the responsibility of system vendors” (Organized by MATSUDA & PARTNERS/MORITA in charge)
- 2023
- “Legal issues in data linkage platforms: Focusing on personal information and privacy” (Organized by ITS JAPAN/MORITA in charge)
- 2021
- “Autonomous driving data usage, personal information and privacy” (Organized by the JEITA Autonomous Driving System Study Group/MORITA in charge)
MaaS Legal Support
In MaaS, the handling of users’ personal information is subject to the Personal Information Protection Act, pricing cartels and fee increases are subject to the Antimonopoly Act, and the preparation of terms of use for software applications is mandatory for the platform providers in which transportation operators participate.
In addition, individual transportation operators participating in MaaS are regulated by the Road Transportation Act, including provisions on ride-sharing and the private commercial passenger transportation business.
It is essential to check new schemes in MaaS services in advance for legal problems that violate laws and regulations.
– Merits of Retaining MATSUDA & PARTNERS –
01 Handled by multiple teams with expertise in autonomous driving
Legal team for handling both autonomous driving & MaaS and personal information
Our office deals with incident response and conducts preventive legal services through multiple teams working together, with attorneys (including former prosecutors and judges) involved in investigations of laws, regulations and judicial precedents related to safety standards for automated driving, a legal team for personal information, and a risk management team among other highly capable professionals.
02 Comprehensive advice from the perspectives of three elements of the judicial community is possible
Attorneys, former prosecutors, and former judges
In Japan, laws have already been revised (including the Road Traffic Act) to accommodate L4 (Specified autonomous services). However, since there are some aspects in which laws and regulations do not conform to the technology, we must realize safe and smooth movement of people by L4 while strictly observing laws and regulations. As this is a new field of technology, it is essential to consider not only technical aspects but also legal aspects from multifaceted perspectives. Our office can offer advice from attorneys who have experience in examining safety standards for autonomous driving and from the point of view of the three elements of the judicial community.
03 Proven Advice
Even though it is a field of new technology, we have already provided legal advice on autonomous driving and other issues at the request of governments, government agencies, and private companies, and we can provide support based on our experience.
Legal Team for Autonomous Driving & MaaS
Attorney Yasunori IWATSUKI (Team Leader)
Qualifications
- Attorney at law
- Visiting Associate Professor of the Institutes of Innovation for Future Society, Nagoya University
Affiliation
- Tokyo Bar Association
- The Japan Society of Applied Physics (Member) Project involvement, etc.
- Member of the System Leading Working Group of the 7th ASV Promotion Study Group in the Ministry of Land, Infrastructure, Transport and Tourism
- Participating Member of METI “RoAD to the L4 Project Theme 4”
Career
- Graduated from Department of Applied Physics, Faculty of Science and Engineering, Waseda University
- 2005 Appointed as public prosecutor at Tokyo District Public Prosecutors Office
- Assigned to Yokohama District Public Prosecutors Office, Fukuoka District Public Prosecutors Office Kokura Branch, Tokyo District Public Prosecutors Office, Saitama District Public Prosecutors Office, and Niigata District Public Prosecutors Office
- 2013 Joined MATSUDA & PARTNERS
- 2016 Partner, MATSUDA & PARTNERS (current position)
- 2019 Visiting Associate Professor of the Institutes of Innovation for Future Society, Nagoya University (current position)
Profile: Yasuyori IWATSUKI
Taketo MORITA, Attorney at law
Qualifications
- Attorney at law
- Visiting Associate Professor of the Institutes of Innovation for Future Society, Nagoya University
Affiliation
- Tokyo Bar Association
- Internet Law Study Department, Tokyo Bar Association
- AI Study Department, Tokyo Bar Association
- Japanese Society for Artificial Intelligence
- Institute of Digital Forensics
- Member of the Cooperative Technology Examination Working Group of the 7th Advanced Safety Vehicle (ASV) Promotion Study Group in the Ministry of Land, Infrastructure, Transport and Tourism
- Participating Member of the Ministry of Economy, Trade and Industry “Project on Research, Development, Demonstration and Deployment (RDD&D) of Automated Driving toward the Level 4 and its Enhanced Mobility Services (RoAD to the L4) Theme 4”
Career
- 1999 Graduated from Faculty of Law, University of Tokyo
- Oct 2004 Registered as an attorney at law (Tokyo Bar Association)
- Oct 2004 Joined MATSUDA & PARTNERS
- Jun 2012 Corporate Auditor (part-time), CROSS FM, Co., Ltd.
- Jun 2013 Auditor (part-time), LCR Real Estate Investment Management, Inc. (current position)
- Mar 2014 Representative, Japan Federation of Bar Associations
- Apr 2014 Delegate, Tokyo Bar Association
- Apr 2016 Partner, MATSUDA & PARTNERS (current position)
- Apr 2018 Deputy Chair, Special Committee on Measures against Racketeering through Intercession in Civil Disputes, Tokyo Bar Association
- Jun 2020 Director, Audit and Supervisory Committee Member, Techno Quartz Inc.
- Jan 2021 Visiting Associate Professor of the Institutes of Innovation for Future Society, Nagoya University, Tokai National Higher Education and Research System (current position)
- Mar 2021 Director, YAOKO Child Support Foundation (current position)
- Oct 2024 Director, Audit and Supervisory Committee Member, GLTECHNO HOLDINGS, INC.
Profile: Taketo MORITA
Topics on Autonomous Driving & MaaS
- Oct 24, 2024
Lecture by attorney Yasuyori IWATSUKI on “Legal responsibility for autonomous driving accidents in the age of AI” (Organized by RX JAPAN/Automotive World Nagoya 2024) - Aug 2, 2024
Lecture by attorney Taketo MORITA, “Should AI be regulated?: Japan’s latest trends” (Organized by Rikkyo Second Stage University) - Jul 31, 2024
Lecture by attorney Taketo MORITA, “Information leakage due to cyber attacks and the responsibility of system vendors” (Organized by MATSUDA & PARTNERS) - Oct 25, 2023
Lecture by attorney Yasuyori IWATSUKI “The current status and issues of the legal system for autonomous driving” (Organized by the Nagoya District Public Prosecutors Office for prosecutors in the jurisdiction of the Nagoya High Public Prosecutors Office) - Mar 31, 2023
Lecture by attorney Taketo MORITA “Cooperative autonomous driving―technology and legal issues―in symposium on legal responsibility for accidents of autonomous vehicles” (Organized by Global Research Institute for Mobility in Society, Institutes of Innovation for Future Society, Nagoya University) - Mar 9, 2023
Lecture by attorney Taketo MORITA “Legal issues in data linkage platforms: Focusing on personal information and privacy” (Organized by ITS JAPAN) - Dec 20, 2022
Lecture by attorney Yasuyori IWATSUKI “Legal status and role of on-board data (Drive recorder, EDR, DSSAD, OBD)” in the “Symposium on legal responsibility for accidents involving autonomous vehicles: How the investigation of legal responsibility for traffic accidents will change” (Organized by Global Research Institute for Mobility in Society, Institutes of Innovation for Future Society, Nagoya University, etc.)
(External link) https://www.gremo.mirai.nagoya-u.ac.jp/event/221220_coi-next.html - Jul 25, 2022
Presentation by attorney Yasuyori IWATSUKI “Autonomous driving and ethics” in the First Public Symposium of the Autonomous Driving Ethics Guidelines Study Group - Jul 4, 2022
Article contributed by attorney Yasuyori IWATSUKI “Autonomous driving systems and compliance with the Road Traffic Act” (Monthly Houritsu no Hiroba July 2022 issue) - May 21, 2022
Comments by attorney Yasuyori IWATSUKI were posted on Jiji.com News “Which would you save, five or one? The ‘Trolley Problem’ facing autonomous vehicles [Keizai Hyakkei]”
(External link) https://www.jiji.com/jc/v8?id=202207keizaihyaku064 - May 21, 2022
Lecture by attorney Yasuyori IWATSUKI “Legal responsibility for accidents in autonomous driving” (Automotive Accident Prevention Seminar 2021-Accident Prevention in the Future to be Brought by ICT organized by the Chubu District Transport Bureau of the Ministry of Land, Infrastructure, Transport and Tourism)
(External link) Guide for Automotive Accident Prevention Seminar 2021-Accident Prevention in The Future to be Brought by ICT organized by the Chubu District Transport Bureau of the Ministry of Land, Infrastructure, Transport and Tourism (PDF) - Nov 2, 2021
Lecture by attorney Taketo MORITA, “Automated driving data usage, personal information and privacy” (Japan Electronics and Information Technology Industries Association (JEITA) Automated Driving Systems Study Group) - Nov 1, 2021
Lecture by attorney Yasuyori IWATSUKI, “Legal regulations and responsibility in demonstration experiments” (Fourth Autonomous Driving Seminar Series organized by MATSUDA & PARTNERS) - Oct 4, 2021
Lecture by attorney Taketo MORITA, “Legal strategy for autonomous driving data linkage platform” (Third Autonomous Driving Seminar Series organized by MATSUDA & PARTNERS) - Sep 5, 2021 Lecture by attorney Yasuyori IWATSUKI, “Seminar on legal regulations concerning MaaS” (Second Autonomous Driving Seminar Series organized by MATSUDA & PARTNERS)
- Aug 29, 2021
Comments by attorney Yasuyori IWATSUKI appeared on the Nikkei Shimbun article: “Who is responsible for self-driving accidents?: Development may be affected while rules are being established.”
(External link) https://www.nikkei.com/article/DGXZQOUC215KB0R20C21A7000000/ - Aug 5, 2021
Lecture by attorney Yasuyori IWATSUKI, “Do developers and operators of autonomous driving have criminal responsibility?” (First Autonomous Driving Seminar Series organized by MATSUDA & PARTNERS) - Jul 8, 2021
Attorney Taketo MORITA participated as a panelist in the “Ethics Symposium on AI and Law” (AI Law Study Group) - Jun 18, 2021
“Nagoya University COI Symposium on Legal Issues Associated with the Social Implementation of Autonomous Driving” was taken up in RESPONSE magazine article “Who is a ‘competent and careful human driver’?: Driving technique assumed by autonomous vehicles [Rumiko IWASADA’s Man, Road, Vehicle and Medicine]
(External link) https://response.jp/article/2021/05/27/346181.html - May 21, 2021
Attorneys Taketo MORITA and Yasuyori IWATSUKI served as speakers at the Symposium (webinar) to Consider Legal Issues Associated with the Social Implementation of Autonomous Driving. - Symposium to Consider Legal Issues Associated with the Social Implementation of Autonomous Driving―Current Status of Safety and International Standards and Issues for Autonomous Driving
- Mar 12, 2021
Attorney Yasuyori IWATSUKI served as a speaker and attorney Taketo MORITA as MC at the 5th webinar series “Laws and regulations surrounding mobility services and issues” - Feb 2, 2021
Lecture by attorney Yasuyori IWATSUKI, “Legal status of OBD inspection and on-board data in autonomous driving” at the Vector Japan Diagnostic Day 2021 online event on future trends in vehicle diagnostics - Nov 20, 2019
Lecture by attorney Yasuyori IWATSUKI to introduce the current status of establishing laws for autonomous driving at the Symposium on the Ideal Legal System for Social Implementation of Autonomous Driving Mobility Services in Limited Areas (Organized by COI Legal System Development Unit, Nagoya University, and co-organized by Global Research Institute for Mobility in Society, Institutes of Innovation for Future Society, Nagoya University). - Oct 28, 2019
Attorney Taketo MORITA prepared a mock trial case, acted as a plaintiff’s representative, and served as a panelist in the panel discussion at the symposium of the AI subcommittee of the Tokyo Bar Association Legal Services Joint Center.
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MATSUDA & PARTNERS
Legal Team for Autonomous Driving & MaaS
〒100-0004
Taisei Otemachi Building 10F, 1-1,
Otemachi 2-chome, Chiyoda-ku, Tokyo 100-0004, Japan
TEL
+81-3-3272-0105 (English)
+81-3-3272-0101(Japanese)
FAX
+81-3-3272-0102
E-mail: info@jmatsuda-law.com