Challenges and opportunities for eDiscovery in mainland China

Electronic data is a crucial aspect of current litigation and arbitration, due to the complexities of modern financial investigations as well as the need for efficiency in legal practices. This dynamic is driving the traction for electronic discovery (eDiscovery or eDisclosure) in many jurisdictions, including mainland China.

Managing Director Eden Chen discusses the rising demand for eDiscovery in cross-border disputes and the challenges that come along with the process in a recent article in IFLR.

Main Challenges: 

• Collecting and transferring data collected outside of mainland China
• Managing electronic files that contain Chinese characters
• Dealing with applications and software developed specifically for the China market

Key Considerations for Conducting eDiscovery in Mainland China: 

• Understanding the date period for the matter and determining what data sources should be considered for preservation is crucial
• Forensic data preservation ensures that electronic evidence is collected and preserved in a manner that maintains its integrity and authenticity
• A disclosure protocol guides the procedures that govern the exchange of information among parties involved in a dispute

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