Screenshots No Longer Evidence: UAE Law 35/2022 Redefines WhatsApp & Email in Court

The good news is that the UAE legal framework, especially the recent Federal Decree-Law No. 35 of 2022 on Evidence in Civil and Commercial Transactions, explicitly recognizes WhatsApp, emails, and other digital communications as valid evidence.

The key is not if they can be used, but how they are prepared and presented to meet the court's strict requirements for authenticity and integrity.

Here is a simple, step-by-step guide you can share with your clients on how to prepare and submit digital evidence in the UAE, ensuring it has the strongest legal footing.

📱 Preparing Digital Evidence for UAE Courts: A 5-Step Checklist

1. Preserve the Original Data (The "Golden Rule")

Screenshots or printouts alone are weak evidence because they are easy to edit. Courts often require proof that the data has not been tampered with.

• For WhatsApp/Chat Apps: Do not simply delete the app or the phone. The lawyer or a forensic expert should extract the actual chat database file from the device (which contains hidden metadata like exact time/date stamps, not visible on a screenshot).
• For Email: Preserve the email in its original format (e.g., as an .EML or .MSG file), which includes all the original internet headers (metadata) showing the complete route from sender to receiver.
• Key Requirement: The law states the court may require the evidence in its original electronic format or by a means that ensures the integrity of the data.

2. Calculate the Digital Fingerprint (The Hash Value)

This is where the concept of the "Hash Certificate" comes in. A forensic expert uses a cryptographic algorithm (like SHA-256) to generate a unique digital fingerprint (the hash value) of the original file.

Action	Why it Matters
Generate Hash	This value is a unique identifier for that specific chat log or email file.
Verify Integrity	If the file is moved or copied, the expert checks the hash. If the hash remains the same, it is cryptographic proof that the content is 100% unaltered since collection.

3. Ensure Legal Translation into Arabic

The language of the court is Arabic.

• Action: The chat logs or emails (including the metadata and content) must be translated into Arabic by a sworn legal translator approved by the UAE Ministry of Justice (MOJ).
• Why it Matters: The court will only admit documents in Arabic. The sworn translator's seal and signature certify the translation's accuracy, making the content legally admissible.

4. Prove Sender Identity and Relevance

The evidence must be relevant to the case and clearly attributable to the opposing party.

• Attribution: Ensure you can prove the WhatsApp number or email address belongs to the person you are suing. This is often established by previous communications, context, or an expert report.
• Context: Make sure the messages clearly relate to the dispute (e.g., an agreement on a debt, instructions in an employment case, or confirmation of a transaction).

5. Submit through Legal Channels

The lawyer will formally present the evidence as part of the case file.

• The Submission: The submission will include the Arabic translation, the forensic expert's technical report (confirming integrity via the hash value), and the original electronic files (if requested by the court).
• Court Discretion: The court has the discretion to appoint a Court Expert to re-examine the digital evidence to confirm its origin and integrity, particularly if the opposing party challenges its authenticity.

By focusing on these steps—especially the preservation of the original file and the use of hash values for integrity verification—your clients can ensure their digital evidence is presented with maximum legal authority under the new UAE Evidence Law.

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⚠️ Disclaimer: This post is for general informational purposes only and not legal advice. For specific guidance, please consult a UAE legal professional.