Nowadays, the use of whatsapp for commercial purposes has become commonplace, but is it legally valid in court? Here we explain how to present a whatsapp as evidence and what requirements must be met for it to be accepted by the judge.
A whatsapp by itself does not automatically have legal validity. For a whatsapp message to be considered valid evidence before a judge, it must meet certain requirements and be presented properly.
1. Requirements for the Validity of a whatsapp in Court
Although courts may accept whatsapp as evidence, they will not automatically do so. The judge will evaluate the relevance and reliability of the evidence and determine whether it is useful to prove the specific fact being discussed. For a whatsapp to be considered valid as evidence, it must meet the following requirements:
- Reliability: the message must be reliable, i.e., it must be possible to confirm that it was indeed sent and received by the people listed in the conversation.
- It is advisable to obtain a computer expert opinion certifying that the message was sent from a specific telephone number and that it reached the receiver.
- Complementary evidence: It is important that there is other evidence to support the content of the whatsapp, such as call logs, emails, witnesses, or even related payment history. This evidence helps to corroborate that the message has a real basis and has not been manipulated.
2. Methods of presenting a whatsapp as evidence
For a whatsapp to be accepted as evidence in a trial, it is essential to present it correctly. There are several methods to do so, depending on the availability and reliability of the medium used:
- Screenshot: A simple way is to take a screenshot of the whatsapp message or conversation. It is recommended that the phone number of the sender and receiver be visible to ensure the authenticity of the message.
- Subsequently, the message can be exported to a .txt file or printed and presented as evidence in court.
- Dump of the phone by the Judicial Secretary: If you want a greater guarantee of the integrity of the evidence, you can deliver the cell phone to the Lawyer of Administration of Justice (LAJ) to perform a dump of the phone and transcribe the messages, ensuring the reliability and non-manipulation of the content.
- Certification through META (Facebook): In some cases, a certificate can be requested from META, the company that owns whatsapp, through an international requisition. However, it is important to note that META generally does not respond to these requisitions, which makes this method not always feasible.
3. The risks of using whatsapp in business relationships
Although whatsapp is convenient to speed up communication in business, it is not advisable to use it as the only means to formalize agreements. Without signed commercial documents, the recipient of the goods could deny the existence of the order, which would complicate the claim in case of non-payment.
Traditional commercial documents, such as delivery notes, signed orders, and invoices offer greater legal certainty, as they are generally accepted by the courts without dispute, unless proven false. Therefore, although whatsapp can be useful, it should not be the only means of proof in the event of a commercial dispute.
4. What to do if you use whatsapp with clients?
If your company uses whatsapp to communicate with customers, it is advisable to follow these steps to ensure that any relevant messages are valid as evidence:
- Always collect additional documentation: Don’t rely solely on whatsapp. Keep records of orders, signed delivery notes, invoices and any other business documents.
- Verify the reliability of whatsapp: If you decide to use whatsapp as evidence, make sure the messages are reliable and well supported by other corroborating evidence.
- Exercise caution in business relationships: Do not forget that, in the event of a claim, it will be easier to prove the existence of the business relationship if the corresponding business documents have been issued.
A whatsapp can be valid evidence in a lawsuit if the established requirements are met, such as the reliability of the message and the existence of other evidence supporting its content. However, to ensure that a judge does not cast doubt on the validity of the evidence, it is advisable to obtain an expert opinion or perform a dump of the phone judicially. In addition, it is essential not to rely solely on WhatsApp in business relationships, as signed documents offer greater legal certainty.
In summary, if you use WhatsApp in your business transactions, make sure you have complementary evidence and properly document business relationships to protect your rights in the event of a dispute.
For further information, please consult with Labor consulting
If you found it interesting share it on social networks, thanks!
