Table of Contents
- Does a certified email have legal validity in a lawsuit?
- Elements that reinforce the probative value of a certified email
- Cases in which a certified email has high probative value
- Tips to reinforce the evidentiary value of a certified email
- Frequently asked questions about the legal value of certified email in lawsuits
Digital communications have been gaining relevance in recent years. It is a clear commitment to sustainability, while providing convenience, immediacy and cost savings to companies. They can be done through different channels (email, SMS, WhatsApp or web publications), which adapt to your priorities at all times.
But are any of these solutions legally valid? It is clearly in a company’s interest to be able to attach these communications in the event of a legal dispute. Until now, it seemed that the only valid option in a lawsuit was an online postal online postal burofaxes. However, the certified email offer a company very interesting evidentiary possibilities.
Does a certified email have legal validity in a lawsuit?
Technological advances have progressively transformed all facets of life. In the judicial sphere, the legal legal validity of electronic communications has also had to adapt.
This is what the amendment to Article 299.2 of the Civil Procedure Act states , which incorporates electronic documentary evidence in judicial proceedings. Here, the certified email fits perfectly.
This legal validity is specified in the eIDAS Regulation, which applies in the EU and, therefore, in Spain. All other countries have similar regulations.
However, it should be noted that, in order to have full probative value, it is essential that these e-mails guarantee their integrity and unalterability, and that their date and time of sending can be verified .
Elements that reinforce the probative value of a certified email
The way in which the data certification of an email is designed is determinant for it to acquire a more or less complete evidentiary level. If you are looking for it to become a proof of full legal validity, these are the elements you should include.
However, we cannot forget that the key is the role played by qualified certification service providers. They are that trusted third party trained to verify the data and information in the mail being certified, which are as follows.
Detailed record of shipment and receipt
The biggest evidentiary problem that a certified email may face is if the other party contests the validity of the entire email or any of its data.
It is therefore essential that you apply the utmost rigor in the data on the sending and receiving of the message. We recommend a certified digital identification of the sender and recipient is recommended.
Certification of message opening
It is not always necessary to prove that the recipient has opened the mail and read the data. However, if your company wants to avoid any problems, it is preferable to opt for certified email with acknowledgement of receipt.
This modality is provided in the sending platform and consists of receiving a confirmation that the recipient has received and opened the mail.
Regulatory compliance (eIDAS, RGPD)
The provider of electronic certification services has to move under the requirements of European legislation in two essential aspects. On the one hand, the strict respect of data protection (RGPD).
And, of course, as we have already mentioned, all the requirements detailed in the Electronic Identification, Authentication and Trust Services Regulation (eIDAS).
Discover how to effectively provide e-mails as evidence in legal proceedings. in an effective way.
Cases in which a certified email has high probative value
In general, experts recommend using a postal bureaufax when full legal validity needs to be guaranteed. Meanwhile, certified emails are perfect for automated mailings and notifications that do not require such a high level of reliability.
Among these notices and notifications, which are usually sent by certified sent by means of certified e-mails include the following.
- Notification of dismissals or sanctions
All communications related to the Human Resources Department can be made by certified email, without losing their evidentiary validity. This includes dismissals, but also any change in contract conditions or disciplinary sanctions. - Confirmation of commercial or financial transactions
Matters involving money are always of the greatest concern to a company. First, that the security and discretion of all data is guaranteed. But, also, it is a focus of conflicts and lawsuits or claims.
Send by certified emails all commercial or financial notifications and you will be able to attach this document as evidence in any judicial process. - Contractual modifications
A dismissal is still the end of a contract. So, if a certified email is valid as evidence in a labor termination lawsuit, the same principle applies to any complete contractual agreement or to the one that is modified. However, it is always important that the certified communication obtains as much evidence as possible to reinforce its validity.
We recommend that these communications be made with acknowledgment of receipt, so that you can be sure that the information. - Dispute or claim resolution
Certified emails are also valid before other bodies that are not courts of law, such as mediators.
Tips to reinforce the evidentiary value of a certified email
- Choose an approved and recognized supplier
Indispensable to ensure that the legislation is complied with and, therefore, that your role as an accredited witness is recognized. - Use electronic signature and content encryption
The electronic signature is the most reliable way to verify the identity of the sender of an email. It is important to include it for it to have full legal validity. The same level of authentication is provided to the content.
Find out what an electronic signature is and what it is used for. - Keep an updated and secure record of communications
It is not advisable to make subsequent modifications to certified emails. It is advisable to keep your storage updated, deleting those that are no longer valid and organizing the archive so that it is easy to find an email in case you need it.
At MailComms Group, as experts in digital communications, we recommend that you have a combination of multichannel solutions. In this way, you ensure that your company covers all its needs for notifications, certifications and mail with the most appropriate format in each case.
Contact us and we will develop a customized plan to facilitate the digital transition of your company!
Frequently asked questions about the legal value of certified email in lawsuits
Does a certified email have the same probative value as a notification by bureaufax?
A bureaufax always has the maximum evidentiary validity. In the case of certified emails, it depends on the level of certification and evidence they collect.
Is certified email valid as evidence in a labor lawsuit?
Yes, as long as it complies with the requirements set forth in the Workers’ Statute for the legal legally communicate a dismissal or disciplinary or a disciplinary sanction. That is to say, the message must include the date and causes of the dismissal, as well as certification of receipt by the addressee.
Is it mandatory for the recipient to open the certified email for it to have probative value?
No, what must be certified is the receipt and integrity of the content.
Does it serve as evidence in a commercial or civil trial?
In principle, yes, but it depends on the authentication, traceability and security requirements. It is advisable, for example, to add an electronic signature.
In fact, the companies that make most use of this messaging service are banking and finance, insurance, real estate and public administration.
What are the differences between a certified email and a regular email in terms of evidentiary value?
The most important thing is that a certified email cannot be manipulated, in any of its elements, neither the content nor the sending data (identities of sender and receiver, date and time). In addition, delivery can be guaranteed and even the recipient can be guaranteed to have seen it.