Written by Dr. Hassan Elhais "I will Whatsapp you the details", is a commonly used statement as Whatsapp is frequently used online platform compared to any other electronic communication platforms. With a constant increase in the usage of Whatsapp messages in our daily routine, a lot of people have started asking if these messages can be used written evidence before the court of law. Well, Top Lawyers of Dubai affirms the acceptance of Whatsapp messages in the courts of UAE.
The law governing the electronic evidence is Federal Law No. 1 of 2006 Concerning Electronic Transactions and Commerce herein mentioned as the Electronic Transactions Law. Wherein, Article 5/1 of the Electronic Transactions Law stipulates that "1- If the law requires retention of document, record or information for whatever reason, this condition is satisfied by retention of this document, record or information in electronic record form, provided that the following conditions are observed:
It is evident from the foregoing provision that the Whatsapp message retained in your mobile device can be utilized as evidence. However, any message transferred from any other electronic device to your mobile device cannot be treated as evidence.
In addition, Article 4 of the Electronic Transactions Law all the contents retained in the electronic device can be utilized as evidence in the courts; the law reads as follows:
"1. Electronic message shall not be denied legal effect and enforceability solely because it is in electronic form.
2. Information proven in the electronic message shall not be denied legal conclusiveness, even if is briefly mentioned, if review of the details of these information is available within the electronic system of its originator, and that review directions are indicated in the message."
Another significant provision for any commercial dispute between the parties in Article 6 of the Electronic Transactions Law which mentions that
“1. This Law does not demand any person to use or accept information in electronic form, but the consent of this person is concluded from his positive conduct. 2- All parties relating to generating, sending, receiving, storing or processing any electronic record are allowed to conclude agreements contrary to any of the provisions mentioned in Chapter 2 to Chapter 4 of this Law. 3- As an exclusion of the provisions of paragraph (1) previously mentioned, the Government's acceptance of electronic dealing in transactions to which it is a party must be explicit.”
Based on the aforesaid provisions, all courts in UAE accepts Whatsapp messages as relevant proof in any proceedings be it criminal, civil, commercial, or family disputes between the parties. However, it is pertinent to highlight that these communications shall be printed and translated in Arabic to be deemed accepted in the court as evidence.
Copyright © of this article is retained by the author and/or other copyright owners. We explicitly grant you permission to download a copy, without any alteration, of this article for personal non-commercial research or study, without prior permission or any charge. This article can be utilized on your website or for marketing, however, we grant you permission to host this article on your website and no other rights. This content should not be altered in any way or sold commercially in any format without prior permission of the copyright holder. During reference of this article, full biographic details entailing the name of the author, his designation, the institute and the publishing date of the article shall be provided.
I owe the success of my case to Dr. Hassan's diligent approach. He remained focused, put me at ease and always went the extra mile. Dr. Hassan tirelessly put my case in the best possible light and I cannot thank him enough. I would highly recommend Dr. Hassan - I am grateful to him from the bottom of my heart.
Dr. Hassan Elhais is among the best legal consultants I have ever worked with. He has an amazing ability to reduce complex issues into a simple concept that non-legal people can understand. He consistently develops innovative litigation strategies that help us to achieve our ultimate legal goals.
...the extraordinary effort that has been exerted by the staff, and we specially thank Dr. Hassan Mohsen Alhais. Wishing your continues success & excellence...
I believe everyone should recognize what a difference Dr. Hassan Elhais work has made to people's lives; and especially to our family's life, because we will remain forever grateful to each and every one of his team.
Dr. Hassan Elhais never fears cases that involve exposure and he always gives me his honest assessment of our chances of success, which is invaluable to me.
He aided us not only in providing legal advice but also in all legal issues that required a long term strategic approach to achieve most favorable and optimum outcomes he provided us with high level of professional service.
Dr. Hassan Elhais is a responsible, reputable counsel who operates to high levels of service.
Dr Hassan Elhais is responsive, thorough and creative with his advice, and is a valued advisor and legal consultant.
Regardless of the complexity of the matter I know Dr. Hassan Elhais will consider not only legal strategy but also business practicalities in providing advice and litigation options.
I recommend Dr. Hassan Elhais to anyone who says 'I'm in legal trouble'. I was extremely satisfied with the high standard of his work. He has always been there when I have needed him and I refer all my clients, family and friends to him/his firm.
Dr. Hassan Elhais was very professional and he listened to my needs. He was very prompt, efficient and always kept me informed. Dr. Hassan Elhais's service was excellent and I would definitely recommend him to friends and colleagues.
Your email address will not be published. Required fields are marked *
Contact Me
