How electronic documents work in court—and what you need to do to make them work for you
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All your business correspondence is stored in instant messengers and email. Do you know how to properly present these materials to the court so that they are accepted as evidence?
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Did you know that a PDF copy of a contract without the original can be challenged by the defendant—and how can this be prevented when concluding a transaction?
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What has changed since the July 2024 amendments regarding the recognition of electronic documents as evidence?
An IT company concluded a development contract via Zoom meetings. The contract was signed by exchanging scanned copies via email. The technical specifications were agreed upon via WhatsApp. Interim results were approved via Slack messages.
When the dispute arose, the entire evidence base was electronic. Not a single document with a live signature was on paper. The court accepted most of this material—but only because it was properly presented and prepared.
What is considered an electronic document?
An electronic document is information recorded electronically. These include: contracts in PDF or Word format signed with an electronic signature or exchanged via email, email correspondence, messages in WhatsApp, Telegram, Messenger, Slack, and other messaging apps, electronic invoices and delivery notes, screenshots of negotiations and approvals, video call recordings, and electronic payment documents.
The Civil Procedure Law of Latvia recognizes electronic documents as admissible written evidence if they meet certain requirements.
Three levels of electronic document security
Level one—maximum reliability: qualified electronic signature (eParaksts, eID). A document signed with a qualified electronic signature has the same legal force as a document with a handwritten signature. This is the highest level of proof—virtually incontestable.
Level two—high reliability: exchanging scanned copies of signed documents via email with confirmation. Following the June 2024 amendments to the Law on Arbitration Courts, it is expressly stated that exchanging messages using electronic means of communication is an appropriate method for concluding an agreement. Courts and arbitral tribunals accept such documents upon receipt of a confirmation.
Level three—medium reliability: instant messaging and email correspondence without explicit document approval. Valuable as contextual evidence—confirms facts, dates, and agreements. Difficult to challenge, but possible.
How to properly present electronic evidence to the court
Screenshots: Make sure to include the date and time, contact name or email address, and the context of the conversation. Print them out or attach them electronically to the lawsuit. A notarized screenshot is preferable.
Email correspondence: print it out with the full email header—sender, recipient, date, and subject. This is important—an email without a header may be rejected by the court as proper evidence.
Audio and video recordings are admissible as evidence if recorded with the consent of the participants or in a public place. Notarized recordings of the video content significantly enhance the evidentiary value.
When an electronic document may not be accepted
The first case: the document is easily altered and there’s no proof of its integrity. A PDF can be edited, but if the defendant claims the document has been altered and you don’t have the original server or a digital fingerprint, complications will arise.
The second case: it’s unknown who exactly wrote the message. If the WhatsApp account is used by multiple employees or the defendant claims the phone number was used by someone else, additional proof of identification is needed.
The third case: the document is clearly incomplete or taken out of context. The court evaluates the evidence as a whole; selective screenshots may be questioned.
What has changed since 2024?
Amendments to the Law on Arbitration Courts from June 2024 explicitly stipulate that exchanging messages via email or messaging apps is sufficient to conclude an arbitration agreement. This means that WhatsApp correspondence in which the parties agree to submit a dispute to the Riga Arbitration Court is now explicitly recognized as a valid arbitration agreement.
This is a major shift – the issue had previously been controversial.
Practical recommendations
First: when concluding contracts via email, request explicit confirmation of receipt and agreement to the terms from the other party. The phrase “I confirm the terms of the agreement” in the reply email significantly strengthens the agreement.
Second: record important agreements additionally - after the verbal conversation, send a written summary by email: “I confirm our agreement from [date]: we agreed…”.
Third: for large transactions, use a qualified electronic signature. eSignatures are available to all Latvian residents and most companies.
The court lives in a world of papers and signatures, but accepts electronic evidence. The main thing is to know how to present it correctly.
This article is for informational purposes only and does not constitute legal advice.