Registered email: irrefutable evidence in a judicial case

Posted by media on August 24, 2017 at 9:00 AM

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Electronic communication via email the form of communication most common today among companies. It is a fact that every company sends a high number of emails daily with information regarding customers, providers and employees.

On some occasions, as senders we are interested in being able to check if the other party has received and read the content of the email. And for that, we will need to use registered email, which is the electronic proof that allows to prove that the email recipient has received it and read it, although he/she may deny it.

Therefore, registered email is increasingly used among professionals and companies. However, do you know what would happen if you present an email as evidence in court? What legal guarantees does a registered email provide?

In this post, we explain everything you need to know about the registered email and its admissibility as a legal evidence in a court case.

This post is also available in Spanish

 

Since in 1971 Ray Tomlinson wrote the first email ever between two machines until today, millions of emails are sent daily and connect the world.

Sending contracts, invoices, budgets, payment requests, etc. is common via email among professionals. For that, counting on a safe system that validates communication is increasingly necessary for any company.


What happens if you present an email as evidence in court?

 

In any court you can attach, along with the demand, emails in digital format (CD, DVD, USB) with its transcription in paper. These will be considered private documents and will be evaluated along with the other evidence provided.

The problem is that these emails in digital format can be challenged by the opposing party debating its authenticity. It is perfectly possible to digitally generate an alleged electronic communication and print it to accredit its supposed authenticity.

If this challenge occurs, a fact that has happened on numerous cases, it will be necessary to resort to expert tests, such as the report of a computer engineer, that will certify the origin and non-alteration of the email content in question.

In the end, it will be the judge who will value, according to the rules of sound criticism, about the document´s authenticity, keeping in mind the results of the expert tests. (Article 334 of the Spanish Law on Civil Procedure)


Registered electronic communications

are the digital equivalent to the burofax.


Registered email avoids these problems

Apart from the above, there is the possibility to electronically certify an email from a certification service provider, who guarantees the integrity and authenticity of the communication.

This has been recognized by the Spanish Supreme Court following the order dictated by the First Chamber in the resource 855/2010. In this specific case, a registered email was admitted as an effective form of communication to claim an amount owed by a lawyer for his client.

And it was that resolution of a high court to recognize definitely these electronic notifications, although certification technology and certification companies already existed and the laws already accepted these types of notifications. (Article 162 of the Spanish Civil Procedure Law)


Not only is it a system that supports security, efficiency and savings for a company; but it is also a legally secure communication, with evidentiary proof of sending and receiving communication before a possible judicial procedure.


Additionally, this type of communication is considered reliable in all European Union countries since the European Parliament approved the Regulation Nº 910/2014 (known as the eIDAS) which establishes a common framework for trust services, including registered electronic delivery.

 

What is certified in a registered email?

Electronic certification companies collect electronic evidences of the communication and thus prove the transmission, receival, sending dates, full content, the identity of the sender, the recipient and their IP addresses.  

This is what we do in Signaturit. With all of this data we generate a certificate confirming that the recipient has received the email, seen the document and/or received all of the attached documents.

When the recipient has performed one of these actions, as the sender of the registered email you will receive an automatic notification with the audit trail attached. In this evidentiary document, you will find all the certified information, the specific actions and the times.


The registered email allows to have proof, with legal validity of the moment in which the electronic communication was sent, the moment it was received, from where it was sent, where it was received, and the full content of the communication.


The uses of registered email

When certifying the content to one or more recipients and to have reliable value, this type of registered communication is very useful.

Here are some examples for its use: 

  • Notice and Waivers of notice of Board Meetings
  • Leaving a company
  • Delivering bills avoiding delays for the supposed lack of reception
  • Reclaiming debts
  • Communicating incidents and resolution between providers/ clients.
  • Communications between landlords/tenants.  

 

Advantages of registered email

In the context of the competitive economy, where efficiency in resource management and cost reduction, registered emails achieve a double objective: reducing communication costs between parties and is considered as reliable proof in a litigation case before a court.

In sum:

  1. Full legal validity in communications via registered email.
  2. More economical than the traditional burofax.
  3. Custody and certification of sent communications.
  4. It is not possible to modify the content of sent communications.

 

Conclusion

In sum, registered electronic communications are the best alternative when it comes to providing an email in a judicial litigation, before the hypothetical challenge of a counterpart, for the ability to credibly prove the authenticity of said communication.

The special evidentiary effort that a simple email requires before a court conflicts with the absolute value of registered email. These provide more more guarantees than communication in paper.

For that, thanks to Signaturit now insurance companies, banks, law firms, human resources departments, financial companies, agencies, etc. take advantage of our registered email service. They therefore count on a system that guarantees receiving the information by the recipient of electronic communications, additionally being irrefutable evidence in case of a conflict.

If you want to know how our registered email service works, or if you have any questions, don't hesitate to get in contact with us sending an email to soporte@signaturit.com or calling us at +34 93 551 14 80.

This post is also available in Spanish

 

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