Admitted

Japan (Dai-Ichi Tokyo Bar Association) (1999)

Education

Kyoto University (LL.B, 1997)
University College
London (LL.M, 2012)

Practice Areas

Tomokazu Otaka helped draft Japan's consumer organisation litigation legislation from inside the government, and has since served on study groups at the Consumer Affairs Agency. He now advises businesses — including companies based outside Japan selling into the Japanese market — on advertising and labelling, e-commerce and subscription sales, consumer-facing terms and conditions, and dealings with the Consumer Affairs Agency.

That drafting work was done at the Cabinet Office of the Japanese Government, where Mr. Otaka served from 2003 to 2005 as Deputy Director of the Consumer Policy Division. He has also sat on an expert committee of the Consumer Commission, taught consumer law at the Law School of Kyoto University, and co-authored article-by-article commentaries on the Consumer Contract Act and on the Act on Special Measures Concerning Civil Court Proceedings for the Collective Redress for Damage Incurred by Consumers (the "Consumer Collective Redress Act"). Alongside this work, he has handled consumer law matters in practice in Kyoto, Osaka and Tokyo, and draws on both the legislative and the practice side of this background in his advisory work.

His work in this field includes:

• Market entry review — assessing existing global advertising creative, product claims, subscription flows and consumer terms against Japanese requirements before launch
• Advertising and labelling review under the Act against Unjustifiable Premiums and Misleading Representations, covering misleading representations as to superiority and advantageousness, premium offers and campaign design, and influencer and affiliate marketing under the stealth marketing rules in force since October 2023
• Advertising review under the Act on Securing Quality, Efficacy and Safety of Products Including Pharmaceuticals and Medical Devices (the "Pharmaceuticals and Medical Devices Act"), in particular for health foods, supplements, cosmetics and beauty devices
• E-commerce and subscription sales under the Act on Specified Commercial Transactions, including order confirmation screens, cancellation and refund terms, and other mandatory disclosures
• Consumer-facing terms and conditions, drafted and reviewed against the unfair terms provisions of the Consumer Contract Act
• Consumer Affairs Agency proceedings, including responses to requests for reports, and to cease-and-desist orders and surcharge payment orders
• Internal compliance systems, including advertising approval workflows, review checklists, and in-house training for marketing and legal teams
• Individual consumer disputes, including negotiation and litigation arising from cancellation, refund and contract formation issues

Mr. Otaka advises in both Japanese and English.

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Professional Experience

• Secretary, Consumer Affairs Committee, Japan Federation of Bar Associations (2006–present)
• Member, Study Group on the Consumer Collective Redress Act and Related Issues, Consumer Affairs Agency, Japanese Government (2021)
• Member, Study Group on Support for the Effective Operation of the Consumer Organisation Litigation System, Consumer Affairs Agency, Japanese Government (2015–2016)
• Member, Study Group on Guidelines for the Certification and Supervision of Specified Qualified Consumer Organisations, Consumer Affairs Agency, Japanese Government (2014–2015)
• Chairperson, The Working Group of the Japan Federation of Bar Associations for Collective Redress Litigation Scheme for Consumer Damages (2013–2015)
• Member, Expert Committee on the Collective Consumer Redress System, Consumer Commission, Cabinet Office, Japanese Government (2010–2011)
• Part-time Lecturer (Consumer Law), Law School of Kyoto University (2009–2011)
• Deputy Director, Consumer Policy Division, Quality of Life Bureau, Cabinet Office, Japanese Government (2003–2005)

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Selected Publications

• Commentary on the Consumer Collective Redress Act, 2nd ed. (co-author, Minjiho, 2026)
• Commentary on the Consumer Contract Act, 3rd ed. (co-author, Shojihomu, 2025)
• "The Consumer Collective Redress Procedure: An Overview and Practical Points for Businesses," JARO Report, May 2024
• "Clauses Granting Traders the Power to Interpret Contract Terms," NBL No. 1106 (Shojihomu, 2017)
• "Consumer Protection and Product Liability: Consumer Protection Law in the United Kingdom and the Impact of Brexit," NBL No. 1079 (Shojihomu, 2016)
• "How Should Businesses Respond to Consumer Litigation?," Jurist No. 1477 (Yuhikaku, 2015)
• ▪ "New Collective Redress Scheme in Japan," IPBA Journal, September 2014
• "Consumer Protection from the Perspective of Competition Law," Shohisha-ho News No. 101 (2014)
• "The Role of Legal Practitioners under the Consumer Organisation Litigation System," Jurist No. 1320 (Yuhikaku, 2006)
• "Consumer Organisation Litigation Systems in the EU," NBL Nos. 771–773 (co-author, 2003)

▪ Written in English. The other publications listed above are written in Japanese; their titles are given here in English translation.

He has published more than 30 articles in professional journals, including Jurist, NBL and Business Homu.

Languages

Japanese (native), English (fluent)

Personal Interests

Playing the oboe, classical music, tea