Securing Electronic Data Evidence under the New Provisions

• Published date: 17 July 2020
• Citation: jd0037
• Date: 17 July 2020
• Author: Xu Jing
• Subject Matter: Intellectual Property

2020/9/10 Securing Electronic Data Evidence under the New Provisionis | China Law Insight

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CHINA LAW INSIGHT

Securing Electronic Data Evidence under the New

Provisionis

By King & Wood Mallesons on July 17, 2020

作者：徐静 知识产权部 金杜律师事务所

Introduction

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

recommendations.

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