Cross-border dispute resolution the data in the exit of the compliance obligations

As "data security law", "personal information protection act" data exit safety evaluation method "and so on many data protection laws and regulations have been introduced, for data out of the supervision system. Generally speaking, the main data exit regulatory requirements are divided into two categories: the first is based on the proposed to provide the data type of the abroad general regulatory requirements for data processing are put forward, such as foreign industry to provide important data, personal information and supervision of data need to perform the corresponding safety evaluation, standard contracts, certification of personal information protection and industry regulatory requirements and compliance obligations, the second type is based on the special data exit scenario for data processing are put forward to the particularity of regulatory requirements, such as to foreign judicial or law enforcement agencies to provide data storage within the territory of the People's Republic of China such as involved in the international judicial assistance, must be approved by the competent authority in China. The deepening of trade globalization makes frequent cross-border disputes, the Chinese parties are increasingly involved in the international arbitration and lawsuits. However, at present in the international arbitration and outside action scene the data exit compliance obligations under specific approval process is not a relatively clear rules or guidelines, the combined with the recent help customers we deal with the related data compliance matters relating to the practice experience, analysis, combing the cross-border dispute resolution the data in the compliance obligations, in order to work for relevant enterprises to carry out the data compliance to provide practical guidance. This paper combing outside to participate in the international arbitration and litigation, under the scenarios of the parties to a foreign arbitration institution, the court within the territory of stored in the data and personal information need approved by the competent authority, need to which the application to the competent authority for approval, and finally how long does it take to get approval.

One, the information submitted in international arbitration involving the general data and exit the compliance obligations

Some parties participating in the international arbitration is often due to subjective qualitative particularity, such as some state-owned nature of the parties, in line with the principle of caution, think to a foreign arbitration institutions provide evidence, including the discovery of information available, all belong to the category of matters need to approved by the competent authority. Arbitration institutions generally has the independence and the administrative rules of the arbitration law of the People's Republic of China, article 8: "arbitration independently according to law, without interference by administrative organs, social organizations and individuals", article 14 of the regulation: "arbitration commissions are independent of administrative organs, there are no subordinate relations with any administrative organs. There are no subordinate relations between the arbitration commission ", stressed the independence and the administrative arbitration institution of China. Outside of the nature of arbitration institutions are to be independent and the administrative corporation, such as Hong Kong international arbitration centre for organized under the laws of Hong Kong non-profit making guarantee co., LTD., Singapore international arbitration center is established according to the company law of the republic of Singapore (guarantee) limited liability company, the international court of arbitration, the American arbitration association for a limited liability company, etc., and many foreign jurisdiction area of the law is the independence of arbitration institutions and the administrative.

Second, the evidence submitted in international litigation involving the particularity data exit compliance obligations
Scenarios in international litigation, according to the data security law article 36, "personal information protection law" article 41, and the international civil and commercial judicial assistance FAQ, 8, 9 question answer, not approved by the competent authority of the law of the People's Republic of China, personal information processor may not provide storage for foreign judicial or law enforcement agencies within the territory of the People's Republic of China of the data (including personal information), which is when the enterprise as one party of litigation, whether it is voluntary to a foreign court and the opposing party to provide evidence, or by a foreign court asked to provide evidence in China, all need to pass special program the consent of the competent authority.

According to our practical experience, proposed to provide evidence of abroad in this compliance obligations, the parties shall, first of all, combined with the case and the requirement of the discovery, collect evidence, and please the Chinese lawyer for a preliminary audit evidence, audit when whether to consider evidence of relevance, personal data/information/important state secrets, etc., and if so, to keep out; Second, as the application procedure, apply to the department of justice judicial assistance exchange center, the Ministry of Justice judicial assistance exchange center after receiving the application materials, will jointly with the Supreme People's Court, net letter, business departments to be abroad such as audit evidence. Their net that, whatsoever without the need for a separate letter for application; After approval, the Ministry of Justice judicial assistance exchange center will be issued by approval application procedure, then whatsoever that can carry out the exit. The justice department jointly with other departments to the completion of the examination does not have fixed deadline, under normal circumstances is one to three months. Which does not contain the parties to collect evidence, China lawyer review evidence, the parties to the overseas to meet the need of data transmission time.