Most of our dealings today happen digitally: we agree over WhatsApp, send deal details by email, transfer money through a banking app. Then, upon a dispute, comes the decisive question: are these messages and digital records considered admissible evidence before the courts? The short answer: yes. The Saudi Law of Evidence expressly recognized "digital evidence" and gave it probative value — but in degrees that vary according to its type and source. Here is a practical guide explaining when your digital evidence is strong and when it is challengeable.
What is digital evidence in the first place?
The law defined it broadly: any evidence derived from any data created, issued, delivered, stored, or communicated by a digital means, and which is retrievable or obtainable in an understandable form.
This definition expressly includes: the digital record, the digital instrument, the digital signature, digital correspondence including email, means of communication (which include messaging applications), digital media, and any other digital evidence. That is, WhatsApp messages and emails clearly fall within the scope of the law.
The basic rule: digital evidence has the status of writing
The text is decisive: proof by digital evidence has the status of proof by writing as set out in the law. This is an important recognition — digital evidence is no longer "lesser" than paper, but takes the very status of writing. However, its strength is graded according to its type.
Three degrees of strength for digital evidence
1. Official digital evidence — the strongest
It takes the probative value of an official instrument if it is issued by a public entity or an entity entrusted with a public service, including what is issued automatically by the digital systems of these entities. Such as digital outputs from official government platforms. These are the strongest digital evidence.
2. Non-official digital evidence — evidence on conditions
It is evidence against the parties to the dealing (unless the contrary is proven) in three cases:
- if it was issued in accordance with the Electronic Transactions Law or the E-Commerce Law.
- if it is derived from a digital means stipulated in the contract at issue (such as the parties agreeing that official communication is via a specified email).
- if it is derived from a documented or publicly available digital means.
A golden practical point for contracts
If you stipulate in your contract that a particular means (such as a specified email or a particular platform) is the official communication channel between the parties, correspondence through it automatically acquires stronger probative value. This is a simple clause that greatly strengthens your evidentiary position — add it to your important contracts.
3. Otherwise — the probative value of an ordinary instrument
Apart from the two previous cases, digital evidence has the probative value of an ordinary instrument. Here fall most regular WhatsApp conversations and emails not stipulated in a contract — they are admissible evidence, but challengeable and deniable, just like an ordinary unauthenticated paper.
Who bears the burden of proof?
The law is clear: the opponent who claims the invalidity of the digital evidence bears the burden of proving their claim. That is, the default is to consider digital evidence valid, and whoever denies it must prove their denial.
But note: if the court requests one of the parties to provide what is needed to verify the digital evidence and they refuse without excuse, they lose the right to rely on it, or it is deemed evidence against them as the case may be.
An important technical point: extracts and the original
Digital evidence is submitted in its original form, or by any other digital means, and the court may request its content in writing. Importantly: extracts from digital evidence (such as a screenshot or printout) have the probative value of the evidence itself to the extent that the extracts match their original digital record. This also applies to extracts from digital payment means (such as transfer notifications).
For this reason, keeping the message in its original source (the application itself, not just a screenshot) strengthens your position, because a screenshot alone may be challenged as to its conformity with the original.
The practical lesson
Your digital messages are genuine legal assets — treat them as such. Do not delete important conversations, keep emails in your inbox, and save transfer notifications. And in important dealings, make the essential details (the amount, the date, the obligation) expressly written in the message, not merely implied.
Conclusion
The digital age changed the form of evidence but did not abolish its principle: what is written remains, and what is said is lost. A WhatsApp message or email may be your decisive evidence — if you preserve it correctly. The golden rule: do not delete, document important details in writing within the message itself, and keep the original source rather than just a screenshot — for digital evidence is as strong as its integrity and verifiability.
How does LEXIUM help?
We assess your digital evidence and determine its degree of probative value and strength before the courts, guide you on the correct way to preserve and present it to ensure its acceptance, and draft digital-communication clauses in your contracts to strengthen your evidentiary position in the future.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. See our full disclaimer.