It is crucial for MNCs - and even foreign law firms - to understand what China considers a state secret. Here are some published cases on violations and tips for handling data during cross-border e-Discovery and investigations, as well as foreign court and arbitration proceedings
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Cross-border litigation and investigations have proved to be a significant hurdle in China. Due to its broad definition and stringent protection of state secrets, China is often unwilling to cooperate with requests for the transfer of certain documents and information. This was particularly highlighted in the settled dispute in 2014 between the big four accounting firms and the United States Securities and Exchange Commission.
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