Email messages have evidentiary weight under Federal Law No. 35 of 2022 on Evidence in Civil and Commercial Transactions. The evidentiary weight accorded to electronic writing and to official or private electronic documents is established for the creator thereof if the required technical and procedural conditions are met. These include the technical ability to determine the date and time of creation of the electronic writing or official or private electronic documents through an electronic archiving system that is independent and not subject to the control of the author of such writings or documents, or to the control of the person concerned with the media used in creating them.
This indicates that the legislator intended to keep pace with global technological developments in civil and commercial transactions by regulating such methods and setting controls for their legal effect, with a clear understanding of the true concept of a document. There is nothing in principle that restricts the meaning of a "document" to being written on a specific medium, whether paper or otherwise. Although paper remains the predominant medium, a document has never been limited exclusively to what is written on paper. All the legislator requires for purposes of evidence is the ability to attribute the document to its author. Therefore, there is no legal connection between the concept of "writing" and "paper," and it is not required that writing be on traditional paper nor that it be signed by hand. As a result, all other media—whether paper-based, electronic, or otherwise—must be accepted as means of proof.
The law on evidence in civil and commercial matters has addressed the evidentiary value of communications exchanged via modern means of communication, affirming that electronic records, electronic documents, email messages, electronic transactions, and electronic signatures in civil, commercial, and administrative dealings shall produce the same legal effects as written documents and handwritten signatures in terms of their binding effect on the parties, evidentiary force, and legal admissibility, provided they comply with the provisions of the law.
Accordingly, both email and platforms like WhatsApp constitute means of exchanging electronic messages between individuals using electronic devices—such as computers, mobile phones, or otherwise—where the messages reach recipients in real-time or shortly after being sent via the internet, regardless of the form of printout produced at the location of receipt, and regardless of whether the messages include attachments or not.
In line with the above, the Dubai Court of Cassation established a new legal principle regarding the evidentiary weight of such messages, stating:
"It is established that national laws and international conventions allow judges to derive the offer and acceptance—in the case of electronic contracting—from the content of exchanged email messages, without the need for them to be set out in a written document signed by both parties. This is because such messages are exchanged via the internet, and the original versions of these messages—understood as the data constituting the electronic document—remain stored on the electronic devices of all parties involved (whether senders or recipients), and are also stored centrally on internet servers of both companies and individuals providing public email services, similar to electronic advertising."
In all cases, if a photocopy is challenged, the sender of the email does not possess the "original" of the document or electronic record, since all outputs from electronic devices are merely printed copies that lack handwritten signatures. Thus, the court, in an effort to safeguard the rights of parties transacting through modern electronic means, in the absence of tangible proof, affirms that technical mechanisms exist that allow for verifying the source and recipient(s) of electronic documents and messages, as well as detecting any human interference or manipulation aimed at misrepresenting their authenticity. In some instances, this may require expert technical assistance.
If such technical conditions and safeguards are met, the messages exchanged via email shall have evidentiary value equal to those printed and signed in writing. The mere fact that the message is in electronic form does not negate its admissibility as evidence. Therefore, such messages cannot be dismissed merely because a party disputes the printed copy or demands the "original." The printed copy is simply a reproduction of the contents of the email or other electronic medium. The only available recourse for a party disputing its authenticity is to initiate a forgery claim through the legally prescribed procedures, leading to the involvement of technical experts.
Legal Principle issued on 26/12/2024 in Civil Cassation Appeal No. 468/2024.
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