The legal validity of emails in the Saudi legal system

The legal validity of emails in the Saudi legal system

The world has witnessed a true revolution in the field of modern information and communication technology in the last decade, which has affected the concept of evidence. Communication between people is no longer by handwritten letters sent by mail as in the past, but communication methods have developed, and modern and fast means of communication have emerged, such as social media. The majority of civil and commercial transactions are now conducted through these means, and thousands of electronic messages are sent through them, such as messages sent via WhatsApp, Instagram, TikTok, Snapchat, and messages sent by email, especially the latter, as it is considered the most official means of sending and receiving electronic messages. In this article, Al-Salamah Law Firm and Legal Consultations will explain the legal validity of electronic messages under Saudi law.

The concept of emails:

The electronic text message, also known as the electronic document or data message, according to what is mentioned in the Arab Guiding Law for Electronic Transactions and Commerce and the laws of electronic transactions, is the cornerstone of electronic transactions and commerce. The system of electronic transactions has called it the term (electronic data) and defined it as data with electronic characteristics in the form of texts, symbols, images, drawings, sounds, or other electronic formats, together or separately.

Regardless of the different names given to electronic messages, whether they are called (electronic editor, digital correspondence, data message), the result is the same: they contain information that has been automatically processed when they are created, stored, sent, or received by an electronic, digital, optical, or any other similar means that may appear in the future.

In other words, electronic messages are data and information exchanged through correspondence between the two parties in a relationship by electronic means, whether through the Internet, hard drives, computer screens, or any other electronic means, in order to communicate information between them, prove a right, or perform an action. It is the means by which recipients over the Internet can communicate information from each other.

The evidentiary value of emails

Written evidence is one of the most important legal proofs, as it is based on several fundamental ideas, including:

The idea of the document or instrument is that it is the basic tool for proof.

The editor should contain clear, consistent, and unalterable writing.

The document must be signed by the parties who concluded the transaction.

The Evidence System stipulates in Article (54), Paragraph (4) thereof that digital evidence includes (digital correspondence, including digital mail). Therefore, according to that article, electronic messages or what is known as digital correspondence are considered digital evidence that may be presented as evidence in civil and commercial matters.

What is the difference between formal and informal emails in order to establish the evidentiary value of emails?

1- Official emails

These are messages issued by a public employee or a person entrusted with a public service, whether done by him or received from concerned parties, in accordance with the statutory procedures and within the limits of his authority and jurisdiction. They constitute official digital evidence with the same legal force as an official document. Article (26) of the Evidence Law stipulates that (an official document is evidence against everyone regarding matters recorded therein that were carried out by its author within the limits of his duties, or that occurred by concerned parties in his presence, unless its forgery is proven by the methods prescribed by law. The content of what any concerned party stated in the official document is evidence against him, unless proven otherwise.).

Article (5) of the Electronic Transactions Law stipulates that electronic transactions, records and signatures shall have binding legal force, and their validity or enforceability may not be denied, nor may their execution be prevented on the grounds that they were carried out wholly or partially electronically, provided that such electronic transactions, records and signatures are carried out in accordance with the conditions specified in Article Six of the Law.

What conditions must be met in electronic transactions, records, and signatures in order for them to have binding legal validity according to the Electronic Transactions Law?

The electronic record shall be kept in the form in which it was created, sent, or received, or in a form that allows proof that its content is identical to the content in which it was created, sent, or received.

The electronic record remains stored in a way that allows it to be used and referred to later.

The electronic record should contain information that identifies the originator and recipient, as well as the date and time of sending and receiving the information.

2- Regular (unofficial) emails

Ordinary emails are considered informal digital evidence, and Article (57) of the Evidence Law stipulates that informal digital evidence is admissible as 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.

The legal validity of WhatsApp messages as evidence

WhatsApp messages are considered digital correspondence and therefore constitute admissible digital evidence. However, this evidence is unofficial because the application is not an official entity, is not subject to government regulations within the Kingdom, and the messages are not issued through officially documented systems such as "Tawtheeq" or "Najiz." While they are considered private communication between parties, they can be considered valid evidence against the other party according to Article (57) of the Evidence Law mentioned previously, in the following cases:

If the messages are issued in execution of a contractual agreement that mentions the use of WhatsApp: for example, if a commercial contract between two parties stipulates that communication will take place via the WhatsApp application, then the exchanged messages are considered recognized evidence.

If the messages contain content related to the contract or legal event: such as an employee sending an inquiry about his salary to his employer via WhatsApp, and the employer responds with his approval, and then a dispute arises about that.

In this case, the messages are considered digital evidence that can be used against the other party unless proven otherwise (such as denial or an allegation of forgery).

If the means is “publicly used” or it is customary for it to be used between the two parties: for example, if the transactions between the two parties were always conducted via WhatsApp (whether in purchases or agreements), then this application is considered a means that is common between them.

Therefore, WhatsApp messages are considered strong evidence – unless it is proven that they are fabricated or forged.

What is the evidentiary value of text messages?

A distinction must be made between whether text messages are official or unofficial digital evidence to determine their validity. If they are unofficial digital evidence issued by social media platforms similar to WhatsApp, then the same provisions that apply to the validity of WhatsApp messages apply to them, which is the validity of ordinary documents. However, if the text messages are issued by official entities within the Kingdom such as (Tawtheeq or Najiz), then the text of Article (56) of the Evidence Law applies to them, which is that they have the same validity established for official documents.

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