Unauthorized Access Prohibition Law, Unfair Competition Prevention Law, and Trade Secrets | IT Passport Exam Prep

Differences Between the Two Laws

The Unauthorized Access Prohibition Law regulates unauthorized access to systems using another person's ID or password. The Unfair Competition Prevention Law cracks down on unfair competitive acts, such as infringing on trade secrets or imitating brands. Both laws are frequently tested in the legal section of the IT Passport exam.

Unauthorized Access Prohibition Law

Regulated Acts

The Unauthorized Access Prohibition Law regulates impersonation acts, such as logging in using another person's ID or password. It also covers acts of logging in by exploiting system security holes. Furthermore, providing passwords that facilitate these acts is also illegal, and phishing to steal passwords is subject to regulation.

Penalties

The act of unauthorized access itself is punishable by up to three years in prison or a fine of up to 1 million yen. For facilitating acts, a lighter penalty of up to one year in prison or a fine of up to 500,000 yen is set.

Unfair Competition Prevention Law

Main Regulatory Targets

The Unfair Competition Prevention Law cracks down on the illegal acquisition, use, or disclosure of trade secrets. It also regulates acts that cause confusion with well-known or famous product labels (brand imitation). Other regulated acts include imitation of product forms, illegal acquisition of another person's domain name, and false indications of origin.

The Three Requirements for Trade Secrets (Must Memorize)

To receive legal protection as a trade secret, all three requirements must be met. First is secrecy management, meaning it is properly managed as a secret. Second is usefulness, meaning the information is useful for business activities. Third is non-public knowledge, meaning it is not publicly known. If even one of these requirements is missing, legal protection cannot be obtained. For example, explicit secrecy management, such as stamping documents with a "Confidential" mark, is required.

Penalties

Penalties for trade secret infringement are very severe. For individuals, imprisonment of up to 10 years and a fine of up to 20 million yen apply. For corporations, the fine can reach up to 500 million yen.

Key Points for the IT Passport Exam

The exam often asks about the differences in the regulatory scope of the Unauthorized Access Prohibition Law and the Unfair Competition Prevention Law. In particular, the three requirements for trade secrets (secrecy management, usefulness, non-public knowledge) are essential to memorize. Also, note that under the Unauthorized Access Prohibition Law, facilitating acts are also subject to regulation.

Typical Past Exam Question Patterns

• "Which of the following is a requirement for protection as a trade secret?" type
• "Which of the following acts is regulated by the Unauthorized Access Prohibition Law?" type

Related Terms

• Copyright Law (Basics of Copyright Law)
• Industrial Property Rights (Differences Between the Four Types of Industrial Property)
• Authentication and Authorization (Differences Between Authentication and Authorization)

Study Tips

As a study tip, it's easy to remember that problems related to IDs and passwords fall under the Unauthorized Access Prohibition Law, while problems related to trade secrets and imitation fall under the Unfair Competition Prevention Law. Memorize the three requirements for trade secrets using the mnemonic "Secret, Useful, Not Public." Also, having a rough grasp of the scale of penalty amounts will help you narrow down answer choices.

Summary

By mastering the regulatory scope of the Unauthorized Access Prohibition Law and the Unfair Competition Prevention Law, as well as the three requirements for trade secrets, you can reliably score points in the legal section of the IT Passport exam. To further your studies, we recommend comprehensive practice with the Strategy Overview or getting used to the exam format with a Practice Exam.