The Evidentiary Value of Unofficial Electronic Evidence in Proof

Dr. Ghassan Arnous
Legal Advisor at Zayed Al Shamsi Advocates and Legal Consultants

Electronic evidence has become one of the most important means of proof in our time, especially as the information and communications revolution has introduced new forms of documentation that were previously unknown—namely, electronic documents. The use of these documents has expanded at the expense of traditional paper-based documents, necessitating the emergence of new methods of proof in the form of electronic evidence.

Article (54) of Federal Decree-Law No. (35) of 2022 On the Issuance of the Law of Evidence in Civil and Commercial Transactions clearly sets out the types of electronic evidence, which include:

• Electronic records
• Electronic documents
• Electronic signatures
• Electronic seals
• Electronic communications, including emails
• Modern communication means
• Electronic media
• Any other form of electronic evidence

Unofficial electronic evidence is deemed admissible against the parties to the transaction in the following cases:

1. If it has been issued in accordance with applicable legislation;
2. If it is derived from an electronic means stipulated in the contract subject to dispute;
3. If it is derived from a verified or publicly accessible electronic source.

In fact, the UAE legislator has granted unofficial electronic evidence the same probative value as private (non-official) written documents. The burden of proving the invalidity of the electronic evidence rests with the party alleging its inaccuracy.

It is also worth noting that, if it becomes impossible to verify the authenticity of the electronic evidence for reasons not attributable to the parties, the court shall assess its probative value based on the circumstances of the case.

In conclusion, written proof in the United Arab Emirates is no longer limited to traditional paper-based evidence, but now encompasses electronic evidence as well. This reflects the extent to which the UAE legislator keeps pace with advancements across all fields. Given the continuous global development, it is not unlikely that electronic evidence will become the most widely used method of proof in the future.