Extract from Jason Chang, Carolyn Bigg, and Sammy Fang’s article “Four Tips for an Effective eDiscovery Plan in China”
Collecting data in China for cross-border litigation or investigations can pose challenging legal and regulatory issues for multinational companies. Whether conducting internal investigations, responding to litigation or US regulatory inquiries or supporting audits or due diligence reviews, the process of collecting, preserving and transferring data has been complicated by a web of recent enforcement actions, new laws and regulations, as well as geopolitical uncertainties.
Given this dynamic regulatory environment, to ensure that any data collection in China is conducted successfully and without regulatory scrutiny, it is critical to map out a timely and well-documented eDiscovery plan that comprehensively addresses compliance with local laws. Having such a process in place can also go a long way to address potential post-collection inquiries.
