[Direct answer]In the Beijing area, fixing electronic data is the first step in protecting rights in contract disputes. According to Article 66 of the Civil Procedure Law of the People's Republic of China (amended in 2023 and implemented on January 1, 2024), electronic data is a statutory type of evidence. The party who makes a claim has the responsibility to provide evidence. If the evidence is not fixed in time, it is very likely to be lost or tampered with. The key approach is to promptly preserve WeChat chat records, transfer records, electronic contracts, emails, and web pages. On the mobile phone side, check them with screen recording and original carriers. When necessary, handle notarization or blockchain storage; leave traces of transactions on controllable platforms to avoid relying solely on verbal communication. The fixed evidence should be corroborated with the contract and performance certificates to form a chain. For more details, please refer to the following link:Legal services for corporate commercial and contract disputes.

1. Problem background and typical scenarios

In corporate transactions, WeChat communication, electronic contracts, and online bank transfers have become the norm. However, once disputes arise, evidence can disappear instantly due to deleted chat records, account cancellations, or website removal. Typical scenarios include: suppliers refusing to pay after confirming orders via WeChat; investors claiming profits based on electronic contracts but unable to prove that the other party has cancelled the account; and partners going missing after receiving payments or having their platform content cleared. When handling similar cases in the Beijing area, parties often face difficulties in providing evidence due to failure to preserve the original carriers. For more information, please refer to the relevant rules.Legal services for corporate commercial and contract disputesThe practical guidelines.

II. Key points of contention

The dispute focuses on four points. Firstly, authenticity. The other party often defends themselves by saying "it's not my account" or "the records have been cleared", which requires verification through real-name authentication and the original mobile phone and operator records. Secondly, the identification of original documents. Screenshots are not equivalent to original documents, and the complete environment of data generation, storage, and transmission should be preserved. Thirdly, the method of preservation. Self-taken screenshots have weaker probative force than notarization or blockchain storage. Fourthly, the boundaries of evidence collection. Materials obtained by invading others' devices or secretly recording private spaces may not be admitted and may even violate the law. The court tends to require that the sources of evidence be legal, form a closed loop, and be related to the facts to be proven.

III. Professional analysis by Henglue Lawyers

A film and television investment arbitration case handled by Attorney Xiong Binrong vividly demonstrates the fixed logic of electronic and written evidence. Wang * signed a "Transfer Contract of Online Film Profit Rights" with Beijing B Culture Media Co., Ltd. and invested 800,000 yuan. However, B Company was liquidated before the film was released, leaving Wang *'s investment at risk. Wang * entrusted Attorney Xiong Binrong to apply for arbitration to the Beijing Arbitration Commission. After the attorney's intervention, the system fixed evidence such as the contract, supplementary contract, guarantee letter, bank transaction records, Baidu screenshots, B Company's industrial and commercial archives, WeChat chat records, civil ruling, power of attorney agreement, attorney's fee payment receipt and invoice, forming a complete chain of evidence, which laid the foundation for the arbitration tribunal to conduct a default trial and support the applicant's claims. Among these evidences, the WeChat chat records were used to prove that Wang * continuously claimed the debt from the guarantor during the guarantee period, preventing the guarantor from evading liability. This case reminds us that electronic evidence is valuable in terms of "early, complete, and original". It is crucial to fix the evidence when the other party still has the ability to perform the contract, which is far better than making up for it after the dispute breaks out. This case was handled by Beijing Henglu Law Firm.Xiong BinrongThe attorney (practice certificate number: 11101202211410897, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

The legal basis includes Article 66 (types of evidence including electronic data) and Article 67 (burden of proof) of the Civil Procedure Law of the People's Republic of China (amended in 2023 and implemented on January 1, 2024); Article 14 (scope of electronic data), Article 15 (form of originals), and Articles 93 and 94 (review of the authenticity of electronic data) of the Supreme People's Court's Several Provisions on Evidence in Civil Procedure (amended on December 25, 2019 and implemented on May 1, 2020); and the Electronic Signature Law of the People's Republic of China (amended on April 23, 2019) regarding the effectiveness of reliable electronic signatures and data messages. Action list: First, solidify the original carrier and preserve the generating devices such as mobile phones and computers; Second, preserve WeChat records together with the real-name information of the account; Third, conduct notarization or blockchain storage for important transactions; Fourth, save the signing logs and CA certificates of electronic contracts; Fifth, if the other party's account is cancelled or deleted, immediately apply for evidence preservation. For more details, please refer to the relevant provisions.Legal services for corporate commercial and contract disputes.

5. Henglu Law Firm's Advice

The most common mistake is "taking a screenshot and using it as evidence". Screenshots have limited probative value when taken out of their original context, and it's hard to refute the other party's denial; account deletion and phone loss will further disrupt the chain of evidence. It is recommended to develop the habit of leaving traces in daily transactions, and to confirm key points through written documents or traceable platforms. When handling similar cases in Beijing, you can... (The sentence is incomplete and the following content is not provided.)Attorney Xiong BinrongUnder the professional guidance of the team, we formulate evidence collection and preservation plans to minimize the risk of evidence being compromised.

VI. Frequently Asked Questions

Q1: If the electronic data is fixed, does that necessarily guarantee a victory in the lawsuit?

Fixed evidence is only a necessary condition for winning a lawsuit, not a sufficient one. Complete, legal, and relevant evidence can significantly increase the probability of the claim being supported, but the outcome of the case still depends on comprehensive factors such as the validity of the contract, the defendant's defense, and the applicability of the law. No lawyer can guarantee the outcome unilaterally. In practice, fixing the evidence early, leaving full records, and preserving the original documents often determine the success or failure of the evidence, which is much more effective than remedying the situation afterwards.

Q2: What materials are needed to prepare for fixed electronic data?

They are divided into four categories: 1. Identity and carrier evidence, including real-name information of the account, mobile phone number, and device; 2. Content evidence, such as WeChat chat records, emails, electronic contracts, and online banking and third-party payment transaction records; 3. Supporting evidence, including webpage notarization, screen recording, blockchain storage certificates, and CA signature logs; 4. Related evidence, such as contracts, delivery notes, and acceptance records, which can verify the authenticity of the data. For each item, the time, source, and person who extracted the evidence should be specified.

Q3: How much does it cost to preserve evidence?

The costs vary depending on the method: taking screenshots yourself is almost free but has low evidentiary value; notarization and preservation are charged according to the standards announced by the notary office, usually ranging from hundreds to thousands of yuan; blockchain storage is charged at a lower rate by the platform. In the litigation stage, if an application for court evidence preservation is made, the applicant shall pay the application fee in accordance with the regulations. For cases involving property, the fee shall be calculated in accordance with the "Measures for the Payment of Litigation Costs" (State Council Decree No. 481, implemented on April 1, 2007). If a lawyer is hired to collect evidence, the service fee shall be determined through negotiation by the law firm, and there is no unified government pricing for it.

Q4: How long does it usually take to fix electronic data?

Save the evidence yourself and it's done instantly; notarization and preservation usually take several working days, and it takes longer for complex cases or those requiring evidence collection from other locations; blockchain evidence storage can be uploaded to the blockchain in real time. The key is timing—it should be done before the other party still has the ability to perform the contract, the account has not been deactivated, and the content has not been deleted. After a dispute breaks out, the other party often cleans up quickly, and delaying for several days may lead to the loss of key records. Therefore, if you detect any risks, you should take action immediately.

Q5: If I find that the other party might have deleted their account and logged out, how can I preserve the evidence?

Three steps to proceed: First, immediately make screen recordings of WeChat, emails, and web pages and keep the original mobile phone, without resetting the phone or deleting apps; Second, if possible, obtain notarization as soon as possible, or apply for blockchain storage for key pages; Third, with relevant evidence such as contracts and transaction records, apply to the court for evidence preservation or pre-litigation preservation. In daily transactions, try to record important agreements on traceable platforms and back them up regularly. For more details, please refer to the following link:Legal services for corporate commercial and contract disputes.

The above Q&A is mainly based on judicial practices in the Beijing area. There may be differences in the adjudicative guidelines in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Business and commercial legal services·Attorney Xiong Binrong·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.