Securing Electronic Data Evidence under the New Provisions

Date17 July 2020
Published date17 July 2020
Subject MatterIntellectual Property
2020/9/10 Securing Electronic Data Evidence under the New Provisionis | China Law Insight 1/8
Securing Electronic Data Evidence under the New
By King & Wood Mallesons on July 17, 2020
作者:徐静 知识产权部 金杜律师事务所
The amendments to the Supreme People’s Court’s Provisions on Evidence in Civil
Procedure will come into effect on May 1, 2020 (the “New Evidence Provisions”). This is
the first time that the Supreme People’s Court (“SPC”) amended this judicial interpretation
since it came into effect in 2002. The New Evidence Provisions has 89 amended or new
provisions, and one of its significant improvements is the rules of electronic data. This
note will provide an overview on the new rules related to electronic data evidence,
alternatives of securing electronic data under the New Evidence Provisions, and our
1. Electronic Data Provisions under the New Evidence Provisions
The New Evidence Provisions covers the following aspects of rules on electronic data
evidence – Subject Matter (Article 14), Submission (Articles 15 and 23) and
Authentication (Articles 93 and 94). It also provides that rules of documentary evidence
generally apply to electronic data (Article 98).
(1)Subject Matter

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