Redacción

ELECTRONIC EVIDENCE IN COURT: ARE EMAILS, WHATSAPP MESSAGES AND RECORDINGS VALID AS A CONTRACT?

Por Diego Ricardo Molinari Chiarappa / 18 de agosto de 2025

💡 MCHM Lawyers - Lawyers - Contracts
📎 Electronic Evidence in Court: Are Emails, WhatsApp Messages and Recordings Valid as a Contract?
🏠 https://www.mchmabogados.es/idiomas/en/
🔗 https://www.mchmabogados.es/idiomas/en/abogados-derecho-contratos-almeria
⚖️ Lawyers in Almería
📞 950 106 453 / 674 21 65 59
📧 info@mchmabogados.es
👉 The Evidence of the Contract: Effectiveness of Emails, WhatsApp Messages and Recordings in Judicial Proceedings
✨
💬In today´s context, where digital communications have largely displaced traditional means, it is essential to analyse the legal effectiveness of emails, WhatsApp messages and recordings as evidence in civil and commercial proceedings. This technological transformation has generated a new paradigm in evidentiary law, forcing legal practitioners to adapt to the challenges posed by electronic evidence. ✍️
What is electronic evidence?
Electronic evidence is defined as information contained in a digital device that allows knowledge to be obtained about a disputed fact. This may be presented in the form of emails, text messages, browsing records, databases, digital documents, audio, images or videos. In Argentina, Law 25.506 on Digital Signatures and the Civil and Commercial Code of the Nation (CCCN) have incorporated the concept of a digital document as a valid representation of acts or facts, satisfying the writing requirement established by law.
Emails as evidence
Emails are considered electronic documents and, therefore, have evidentiary value. Their effectiveness depends on several factors:
• Authenticity: May be proven through computer forensics verifying the message metadata.
• Integrity: It must be demonstrated that the content has not been altered.
• Authorship: If the email contains a digital signature, its authenticity is presumed. Otherwise, the party presenting it must prove its validity.
The CCCN establishes that unsigned private instruments, such as emails, may be used as evidence if they constitute a written preliminary proof.
WhatsApp: Valid evidence?
WhatsApp messages have gained relevance as evidence, especially in litigation where the parties have maintained communications relevant to the case. However, their admissibility is subject to certain conditions:
• Nature of the message: They are considered unsigned private instruments. They do not have a digital signature, so the party presenting them must prove their authenticity.
• Privacy: Only messages exchanged privately between the parties may be presented. Messages in groups or third-party conversations are not admissible without consent, in respect of the right to privacy and the inviolability of correspondence (art. 318 CCCN and art. 19 CN).
• Indicative value: Screenshots have limited evidentiary value. They are considered indications, not full evidence, due to the possibility of manipulation. They must be analysed together with other evidence.
Requirements for submission
For WhatsApp messages to be admitted as evidence, it is recommended to:
1. Provide a full transcript of the messages with date and time.
2. Identify the account holder and phone number.
3. Include the device´s IMEI code.
4. Provide the associated phone company.
5. Indicate whether the messages were read (double blue check).
Audio recordings and calls
Recordings can also be used as evidence, provided certain requirements are met:
• Lawfulness of acquisition: The party presenting the recording must have participated in the conversation. There must be no deceit, coercion or provocation.
• Place of recording: If carried out in a private space, it may require judicial authorisation.
• Authenticity: It is advisable to accompany the recording with a technical expert report certifying its integrity and origin.
Electronic signature vs. digital signature
It is important to distinguish between an electronic signature and a digital signature:
• Electronic signature: Means of identification that does not meet the legal requirements to be considered a digital signature. Its validity must be proven by the party invoking it.
• Digital signature: Generated through a mathematical procedure that guarantees the authorship and integrity of the document. It has a presumption of validity if it meets the requirements of Law 25.506.
Conclusion
Technological evolution has expanded the range of evidence available in judicial proceedings. Emails, WhatsApp messages and recordings can be effective in proving the existence of a contract or any other relevant fact, provided the principles of authenticity, integrity, lawfulness and privacy are respected.
The key lies in the proper presentation of the evidence, its adequate legal basis and, in many cases, the support of technical expert reports that reinforce its value. In this new scenario, the lawyer´s role becomes even more strategic, requiring mastery not only of the law but also of the technical aspects surrounding digital evidence.
✨
⚖️ Welcome to the Online Civil Procedure offered by MCHM Lawyers. Through our online platform, we offer you the convenience of completing the entire procedure from the comfort of your home, without the need to visit our office or the courts (Except for mandatory procedures). Below, we will guide you through each step of the process:
Access to Your Personal Account: Once you access our website https://www.mchmabogados.es/idiomas/en/inicio-sesion-mchmabogados-almeria [Civil], you can create a personal account or log in if you already have an existing account. From your personal account, you will have access to all the tools necessary to complete the Civil procedure.
Document Upload: From your personal account, you can upload all the documents necessary to initiate the Civil procedure. This includes text documents, images and any other relevant document for your case.
Receipt of Notifications and Requirements: Once you have uploaded your documents, you will receive notifications and requirements through your personal account on our online platform. These notifications will include information about the status of your case, any action required on your part, and any important communication related to your Civil procedure.
Procedure Tracking: From your personal account, you can track the progress of your case in real time. This includes information about hearings, court rulings, and any other relevant updates.
Communication with Your Lawyer: Through our online platform, you will be able to communicate directly with your assigned lawyer. You can make inquiries, ask questions, and receive personalised legal advice at any time during the procedure.
Receipt of Judgment: Once the procedure has been completed, you will receive the final judgment through your personal account on our online platform. This judgment will include any decision made by the court regarding your Civil case.
In summary, our Online Civil Procedure offers you the convenience and flexibility of completing the entire procedure from the comfort of your home, without the need to visit our office or the courts (Except for mandatory procedures). With access to your personal account on our online platform, you can upload documents, receive notifications, communicate with your lawyer, and track the progress of your case in real time. At MCHM Lawyers, we are committed to providing you with the best possible service throughout the Civil procedure.
✨
📖 lawyers in almeria
📍 For more information, do not hesitate to contact MCHM Lawyers. ✍️
⚓️ digital evidence, electronic contract, WhatsApp as evidence, legal email, valid recordings, evidentiary authenticity, digital signature, indicative evidence, computer forensics, legal privacy, technological evidence, evidentiary law, electronic communications, judicial validity, documentary evidence, electronic means

#MCHMLawyers:Ver en X / Ver en Facebook / Ver en Google
#Digital Evidence:Ver en X / Ver en Facebook / Ver en Google
#Whats App As Evidence:Ver en X / Ver en Facebook / Ver en Google
#Legal Email:Ver en X / Ver en Facebook / Ver en Google
#Court Recordings:Ver en X / Ver en Facebook / Ver en Google
#Digital Contract:Ver en X / Ver en Facebook / Ver en Google
#Argentine Law:Ver en X / Ver en Facebook / Ver en Google
#Electronic Evidence:Ver en X / Ver en Facebook / Ver en Google
#Digital Signature:Ver en X / Ver en Facebook / Ver en Google
#Technological Evidence:Ver en X / Ver en Facebook / Ver en Google
#Justice And Technology:Ver en X / Ver en Facebook / Ver en Google

---

---

---