Evidence Law · Federal Decree-Law 35 of 2022
Article 59
Part 4: Electronic Evidence
English translation
Save as otherwise provided in Article (56) above, electronic evidence shall have the same probative value as informal instruments, pursuant to the provisions of this Law.
Official translation, as published by the portal.
Official Arabic text
فيما عدا ما نصت عليه المادة (56) من هذا القانون، يكون للدليل الإلكتروني الحجية المقررة للمحرر العرفي، وفقاً لأحكام هذا القانون.
What it means when you sign
This article gives electronic evidence a stated weight in court. Except for what the earlier provision on electronic evidence says, electronic evidence has the same probative value as an informal instrument, under the provisions of this law.
That means electronic evidence is treated like an ordinary private document rather than like an official document. It does not say the electronic record always wins, only that it carries the weight the law gives to informal instruments.
When you are about to sign a contract, this article means an electronic record of an agreement, such as a message, an email or an electronic copy, may be used as evidence on the same footing as a private paper document. A clause saying that electronic communications, electronic signatures or electronic copies are valid between the parties relates to this article. A clause that tries to exclude electronic records altogether, or that treats the electronic copy as less than the paper one, may be read against the weight this article gives them.
In Fahm reports this article usually sits under: One-sided mechanisms
Related articles
- Article 58This article deals with who has to prove what when electronic evidence is challenged in court.
- Article 60This article says how electronic evidence is presented in court.
- Article 62This article covers the case where nobody can verify whether a piece of electronic evidence is valid, and the reason is not attributable to the parties in the case.
- Article 63Cited in Fahm reportsThis article deals with extracts taken from electronic evidence.
- Article 64This article fills a gap in the rules on electronic evidence.