Navigating China’s Data Security Laws in US Discovery

Navigating China’s Data Security Laws in US Discovery

Client Alert

Related Documents

Related Solutions

Offering premier regulatory and government relations capabilities and key business and transactional insight.
Helping clients navigate the complex geopolitical, legal and regulatory aspects of doing business with China.
Clients trust us to protect their most important intellectual property matters.
Clients turn to us to advance their objectives and manage risk in today’s complex, ever-changing global trade landscape.
A global team handling highly complex and sensitive matters in all aspects of litigation.
Critical industry insight and formidable strength across key practices.

The enactment of China’s Cybersecurity Law, Data Security Law, and Personal Information Protection Law has significantly reshaped the landscape of data security and personal privacy for China, not just within its own borders but also in the context of cross-border data transfers. All these three laws cover broad categories of information and contain various ambiguities open to interpretation. Absent formal guidance from Chinese authorities and coupled with Chinese courts’ general reluctance to order production of data in foreign judicial proceedings, the responsibility to navigate these murky waters squarely rests with US courts as they continue to grapple with discovery issues involving Chinese entities and individuals. Drawn from case law, this article provides practice guidance to US litigants pursuing discovery from Chinese counterparts, as well as to Chinese entities and individuals who are subject to discovery requests in US federal litigation.

READ THE FULL ALERT.

Authors

Notice

Unless you are an existing client, before communicating with WilmerHale by e-mail (or otherwise), please read the Disclaimer referenced by this link.(The Disclaimer is also accessible from the opening of this website). As noted therein, until you have received from us a written statement that we represent you in a particular manner (an "engagement letter") you should not send to us any confidential information about any such matter. After we have undertaken representation of you concerning a matter, you will be our client, and we may thereafter exchange confidential information freely.

Thank you for your interest in WilmerHale.

I Accept Cancel