The State Administration for Market Regulation (SAMR) has recently issued the Interim Provisions on the Collection of Electronic Data Evidence in the Administrative Law Enforcement for Market Regulation (the "Provisions"), effective from the date of release.
The Provisions, consisting of 36 articles in eight chapters, strictly follow the Law of the People's Republic of China on Administrative Penalties (Revised in 2021) and other laws, and clarify the applicable circumstances for electronic data evidence, the extraction methods, and relevant requirements at the practical level. Specifically, the Provisions involve: (1) specifying the types and methods for extracting electronic data; (2) clarifying the scenarios in which electronic data collection is applicable; and (3) specifying the key points to be recorded in electronic data collection. Seven common categories of electronic data are stipulated. In the course of law enforcement, law enforcement officers shall first judge the categories of the electronic data to be extracted, and select the extraction methods in a flexible way. Electronic data may be extracted on-site or online through the internet; the original media may also be sealed and detained in accordance with the Administrative Coercion Law of the People's Republic of China.