Is a WhatsApp valid as evidence in a trial?
Patrick Gordinne Perez2024-12-15T05:20:00+00:00Can a WhatsApp be used as evidence in court? A colleague in the sector usually deals with orders informally; he says thata WhatsApp is enough for him and saves him a lot of paperwork (delivery notes, order documents, etc.).
Is it safe to do so?
Can I make a claim for non-payment?
Business is based on trust
Reliance on a WhatsApp as evidence in a court case
Who doesn’t send a WhatsApp nowadays?
And with the hustle and bustle of the modern world, it is a good tool for streamlining tasks and communications.
It is normal for long-term business relationships to lead to trust and a certain flexibility, and even WhatsApp is often used to speed up and facilitate business dealings.
However, the convenience offered by this formula also comes with risks.
Without signed commercial documents, the recipient of the goods could deny that they were ordered, or even claim that they were not delivered (forcing the claimant to prove that there was a commercial relationship).
That is why a WhatsApp message alone is not enough….
Documents function better than WhatsApp
Traditional system Vs WhatsApp as evidence in a lawsuit
Properly drawn up and signed commercial documents (orders, delivery notes, invoices, etc.) provide security to commercial relations.
Thus, an order – duly signed – with the specifications of the material and the agreed time and place of delivery, a delivery note – with its subsequent signature of conformity to the supply – or the invoice itself serve to make clear the existence of the commercial relationship and the agreed conditions.
Claim
So much so that these documents are presumed to be valid and are accepted by the courts in lawsuits, unless the party disputing them proves that they are false or that they do not correctly document reality.
Therefore, if these documents do not exist, it will be much more difficult to prove the agreed conditions, and other evidence will be necessary (witnesses or other documents that, without being commercial documents, confirm the commercial relationship).
WhatsApp could be one of them, but under certain conditions.
Articulo relacionado
OPEN A BUSINESS IN SPAIN
Business in Spain confidence continues to be an upward value for seven consecutive quarters. The...
Leer másWhatsApp as evidence in court
Validity of WhatsApp as evidence in court
When it comes to providing evidence in a trial, not everything goes: the judge decides whether the evidence is relevant, useful and valid (i.e. that it serves to prove a specific fact) and whether it is reliable (that it has not been manipulated).
In general, courts usually accept WhatsApps as evidence in court, as long as they meet certain requirements:
- They must be reliable. It is advisable to provide a computer expert opinion certifying that the messages were sent from a specific mobile phone number and that they did indeed reach the other terminal. When this is not possible, if there is other evidence, the WhatsApp could be admitted even if the other party denies it.
- There must be other corroborating evidence. Other evidence must be provided to corroborate the content of the WhatsApp messages: call logs, letters or e-mails, witnesses confirming the messages, billing history paid after using WhatsApps as a means of communication…
If complementary evidence is available, a judge will assess everything as a whole and, in accordance with the rules of sound criticism and the principle of prudence, will recognise the WhatsApps when deciding on the claim.
Therefore, it is essential to be cautious also with “life-long clients” and always act homogeneously in order to have this complementary evidence available.
It is good to communicate by WhatsApp for the speed but always everything in writing and signed.
What to do if it happens to you
Gather as much information as possible
Although it is ideal to have a formal and documented relationship with clients, the pace and immediacy of business today can make this difficult.
If you deal with clients via WhatsApp or other messaging systems, always have additional documents such as those mentioned above and seek out those who can be witnesses in a possible legal proceeding.
Here is a link to an interesting reflection by the law firm Ligur abogados on Whatsapp conversations in court.
In short
Engaging with your customers only via WhatsApp without issuing the usual business documents is not advisable.
In the event of a complaint, you will need to collect further evidence inorder to use the content of the WhatsApp’s as evidence in court.