Electronic Data as Evidence in International Arbitration in China

If electronic data is used as evidence, the original data must be submitted. And a copy made by the producer of the electronic data that is consistent with the original, or a printed copy or other displayable and identifiable output media that is directly derived from the electronic data, shall be deemed an original of the electronic data. In the case of audio-visual materials, the original media for storing the audio-visual materials must be provided.

The authenticity of electronic data is to be determined comprehensively considering: (1) whether the hardware and software environment of the computer system through which the electronic data is generated, stored, or transmitted is complete and reliable; (2) whether the hardware and software environment of the computer system through which the electronic data is generated, stored, and transmitted is in normal operation, or whether there is any impact on the generation, storage, or transmission of the electronic data if it is not in normal operation; (3) whether the hardware and software environment of the computer system through which the electronic data is generated, stored, or transmitted is equipped with effective monitoring and verification means to prevent errors; (4) whether the electronic data is completely stored, transmitted, or excerpted, and whether the methods of storing, transmitting, or excerpting are reliable; (5) whether the electronic data is formed and stored in normal communications; (6) whether the electronic data is stored, transmitted, or excerpted by the appropriate person; and (7) other factors that may affect the integrity or reliability of the electronic data. And the authenticity of electronic data may be determined by means of appraisal or inspection where necessary.

Unless there is sufficient evidence to the contrary, electronic data is presumed to be authentic if: (1) is submitted or preserved by and unfavorable to a party; (2) is provided or confirmed by an independent third-party platform that records and stores the electronic data; (3) is formed in the ordinary course of business; (4) is preserved under archives management; or (5) is stored, transmitted, or excerpted in a manner agreed upon by the parties.

Unless there is sufficient evidence to the contrary, electronic data that has been notarized by a notary office is presumed to be authentic.