Preserving Electronic WeChat Evidence for Chinese Supply Contract Litigation
Preserve electronic WeChat evidence for Chinese litigation by securing original hardware, extracting database hashes, and completing formal notary preservation.
Evidence Exchange
Meaning
The structured process of disclosing and exchanging evidentiary materials before a trial starts ensures that both parties can prepare their arguments under the civil procedure rules of the People’s Republic of China. This procedure, known as evidence exchange, occurs under the supervision of a judge before the court session begins. It establishes the scope of undisputed facts and allows the court to manage the litigation efficiently.
The rule applies to civil and commercial disputes, excluding criminal prosecutions where different discovery standards apply.
Judicial Procedure
Court rules dictate that all evidentiary documents must be submitted in writing and translated into Chinese by a certified agency. During the evidence exchange, each party must present their original documents for verification by the opposing counsel. This is a critical step because failure to present an original document can lead to the evidence being ruled inadmissible.
The exchange is highly structured and focuses on the exchange of paper and digital documents, allowing the judge to decide on preliminary objections.
Cross Border Restriction
Data security laws restrict the unilateral transfer of documents from China to foreign courts or tribunals. A party cannot participate in a foreign evidence exchange by directly sending documents or electronic data out of China without administrative approval. Under the Data Security Law, any transfer of data to foreign judicial or law enforcement authorities must be approved by the Chinese government.
This restriction creates a major operational challenge for foreign parent companies involved in international litigation, as they cannot access their Chinese subsidiary’s records without navigating a complex approval process.
Compliance Outcome
Failure to comply with these restrictions can lead to severe penalties under China’s data laws, while failure to participate in the court-ordered exchange can result in an adverse judicial ruling. This double-sided risk forces companies to seek a middle ground, such as using local data centers and preparing all materials within China. If a foreign court orders the disclosure of Chinese files, the Chinese entity must file a formal application with the Ministry of Justice under the Hague Evidence Convention.
This formal process is slow, often taking over a year, but it is the only legal way to execute a cross-border exchange without violating domestic national security and data laws, which ensures the company avoids criminal and administrative liability in China.