Conditions for Electronic Data to Be Recognized as Evidence in Civil Proceedings

In today’s digital age, electronic data plays a crucial role in civil litigation, offering new ways to present and verify facts in court. From emails and text messages to digital contracts and online transaction records, electronic evidence is increasingly recognized in legal proceedings. However, not all digital data is automatically accepted by courts. To be legally admissible, electronic evidence must meet specific conditions related to authenticity, legality of collection, and verifiability. In case you need advice, please contact Apolo Lawyers via email at contact@apolo.com.vn or Hotline (+84) 903 419 479 for the best advice and support.

1. What is electronic data in civil litigation?

In the digital era, electronic data has become a common and important type of evidence in civil disputes. This includes emails, text messages, audio or video recordings, digital files, transaction logs, software records, and more.

2. Conditions for electronic data to be legally accepted as evidence

To be recognized by the court as legitimate evidence, electronic data must satisfy the following three main legal conditions:

2.1. Authenticity and integrity

The data must reflect the true and unchanged content, without tampering or manipulation.
It should be verifiable, showing origin, creation date/time, sender and receiver (e.g., emails, e-invoices, timestamped recordings).
If authenticity is challenged, the submitting party bears the burden of proof.

2.2. Lawful method of collection

Data must be obtained legally, not in violation of privacy rights or cybersecurity laws.
Collecting information from third-party devices (screenshots, social media, etc.) should be with consent or legal authority.

2.3. Ability to be examined, verified, and presented in court

The data should be in a format that allows for viewing, copying, and secure storage.
It must be verifiable against other evidence for consistency and objectivity.
The court and other parties should be able to access and examine the data transparently.

3. Important considerations when using electronic data as evidence

Keep original data intact; avoid altering any files
Record date, method, and collector identity when gathering data
Consider requesting expert examination of digital evidence if needed
Avoid using illegally obtained data, such as unauthorized recordings or data breaches

Electronic data can be a legally valid form of evidence in civil litigation, provided that it is collected, stored, and submitted in accordance with the law. Individuals and businesses should understand the key requirements for authenticity, legality, and verifiability to protect their interests in court. In a time of increasing digital transformation in legal proceedings, effectively using electronic evidence is not just an option but a necessity.

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