Electronic evidence in Saudi law

Electronic evidence in Saudi law

The emergence of the modern technological and digital revolution has led to a practical trend towards seeking systematic and secure alternatives for proving civil and commercial transactions, distinct from traditional methods of proof. This has given rise to what is called electronic proof, or digital evidence, as evidence derived from electronic media and technologies has become valid for use before judicial authorities, especially after the update of the proof system in 1443 AH and the issuance of the Electronic Transactions Law, which stipulated the digital evidence that is used in proof. In this article, we, the Abdulaziz bin Yasser Al-Anzi Law Firm for Advocacy and Legal Consultations, will explain everything related to electronic proof in Saudi law.

Abdulaziz bin Yasser Al-Anzi Law Firm 

What is electronic evidence in Saudi law?

Electronic proof under Saudi law means the use of modern technical means and digital data to prove legal rights and facts before judicial or administrative authorities. This includes electronic documents, electronic signatures, text messages, emails, and digital records stored automatically.

What is digital evidence under Saudi law?

Article (53) of the Evidence Law defines digital evidence as: “Any evidence derived from any data that is created, issued, delivered, stored, or communicated by a digital means, and is retrievable or obtainable in an understandable form, shall be considered digital evidence.”

Article (54) of the system stipulates the types of digital evidence as follows:

Digital record.

Digital editor.

Digital signature.

Digital correspondence, including digital mail.

Communication methods.

Digital media.

Any other digital evidence.

What are the requirements for electronic proof under Saudi law?

The Saudi system has recognized the admissibility of electronic means as evidence, provided that they meet the technical and regulatory requirements. The system has divided digital evidence into official digital evidence and unofficial digital evidence, and has stipulated the conditions for each in terms of proof, which are as follows:

1- The official digital guide

Official digital evidence is evidence issued by a public employee. Article (56) stipulates that official digital evidence, including what is issued automatically from the digital systems of public entities or entities entrusted with a public service, shall have the same legal force as an official document if a public employee or person entrusted with a public service has recorded in it what was done by him or what he received from the concerned parties, in accordance with the statutory conditions, and within the limits of his authority and jurisdiction.

2- Unofficial digital guide

Article (75) of the Evidence Law stipulates that unofficial digital evidence shall be considered proof against the parties to the transaction - unless proven otherwise - in the following cases:

If it is issued in accordance with the Electronic Transactions System or the Electronic Commerce System.

If it was obtained through a digital means stipulated in the contract in dispute.

If it is derived from a documented or publicly available digital medium.

Whoever claims that the digital evidence is invalid bears the burden of proving their claim, for the burden of proof lies with the one who makes the claim.

How to submit electronic evidence to the court

Article (60) of the Evidence Law states that (digital evidence shall be presented in its original form, or by any other digital means, and the court may request that its content be presented in writing, whenever its nature allows it.)

That article clarifies and regulates the form and method of presenting this evidence, and indicates that:

The basic principle in presenting digital evidence is that it should be presented to the court in its original form as it was created or saved (such as an electronic file, video, email, WhatsApp message, etc.).

The evidence may also be submitted by any other digital means (such as a copy saved on a USB drive, CD, or through an official electronic platform).

The court has the discretion to request a written copy of the content of the digital evidence (such as the text of the message or details of the conversation), if the nature of the evidence allows it, i.e., if the evidence can be converted into a written format without loss of its content or significance.

Practical examples:

Example (1): Proving a fact using email:

For example, if one party in a commercial case submits an email containing an agreement between him and the other party, and the email is submitted in its original form in .eml or .pdf format via CD or flash memory, in that case the court may ask the evidence provider to print the content of the email and submit it as a written copy for review or to attach it to the paper documents in the case file.

Example (2): WhatsApp messages in a labor dispute:

For example, a worker may claim his dues and present a WhatsApp conversation with his employer confirming the agreement on the salary. The digital evidence may be presented in the form of screenshots or a complete file of the conversation saved in .txt format or via an official application. If the court deems the conversation clear, it may request a written copy of the conversation to be included in the case.

Example (3): Video recording from a surveillance camera:

For example, in a criminal case, a recording from a surveillance camera proving the defendant's entry into the location is submitted. The video is submitted on an electronic disk, and the court may be satisfied with watching the video, or request a written transcript of the video content (such as a description of the events in minutes and seconds).

Example (4): A digital document on a government system (such as Absher or Najiz):

For example, someone who wants to prove they filed a complaint through the “Absher” platform would submit the file as a screenshot or an electronic record issued by the official system. The court may request that it be printed on paper, with an official signature or electronic seal.

How to verify the validity of electronic proof

The validity of digital evidence used in electronic proof is verified through several methods, as follows:

Source: Is the evidence issued or stored by an official or recognized system? (Such as a government platform like “Absher” or “Najiz,” or an approved institutional system). Article (56) of the Evidence Law stipulates that official digital evidence is considered valid if it is issued by an official employee or includes evidence generated automatically by the digital systems of public entities or entities entrusted with a public service.

Authentication and encryption: The court assesses whether the evidence contains a reliable electronic signature, whether it bears a timestamp, and whether the creation and modification record can be verified.

Non-tampering: The court assesses whether there is evidence that the evidence has been altered or tampered with (for example, gaps in the messages or changes in the metadata).

Technical expertise (technical experts): In the event of a dispute over the validity of digital evidence, the court may appoint a technical expert to analyze the file and verify its origin and integrity (such as analyzing video files or digital conversations).

For example, a WhatsApp message might be presented as evidence. Sometimes, the phone itself is required to examine the messages from the source, and the conversation can be analyzed using "WhatsApp Chat Export" and "metadata." If the other party disputes the authenticity of the message, the matter may be referred to a technical expert.

What if either of the litigants refuses to provide what the court requests to verify the digital evidence?

To answer this question, we return to the text of Article (61), which stipulates that if any of the litigants refuses to provide what the court has requested to verify the validity of the digital evidence without an acceptable excuse, his right to rely on it is forfeited, or it is considered evidence against him, as the case may be. Article (62) stipulates that if it is impossible to verify the validity of the digital evidence due to a reason not attributable to the litigants, the court shall assess its admissibility based on the circumstances of the case.

In conclusion: We are inAbdulaziz bin Yasser Al-Anzi Law FirmWe offer legal consulting services regarding proof and the presentation of digital evidence in civil and commercial cases, particularly those related to contracting and companies. Our firm boasts extensive experience, and our team utilizes this expertise to provide high-quality, comprehensive services aimed at serving the client's best interests and ensuring the sustainability of their business. Don't hesitate to contact us.Contact us. .