Digital evidence

Préuves numériques

The Internet and new technologies have an impact on rules of evidence and modes of proof before the courts. A comparative study on this issue (primarily in areas of civil and administrative law proceedings) was undertaken.

As a follow-up action to the study, the CDCJ has prepared draft guidelines aiming at providing practical guidance for the handling of electronic evidence in civil and administrative proceedings to courts and other competent authorities with adjudicative functions; professionals, including legal practitioners; and parties to proceedings. CDCJ approved the text at its 93rd plenary meeting (14-16 November 2018) before submitting it to the Committee of Ministers for adoption. The guidelines on electronic evidence in civil and administrative proceedings were adopted on 30 January 2019.

Now the CDCJ is working to raise awareness of these guidelines and support their implementation in member States.

Guidelines on electronic evidence in civil and administrative proceedings

Unofficial translation into Polish and into Russian

Background documents

COVID-19 and Electronic evidence in civil and administrative proceedings

Guidelines on Electronic Evidence in Civil and Administrative Proceedings (30 January 2019)

E-justice

News

Back Committee of Ministers adopts guidelines on electronic evidence in civil and administrative proceedings

European Committee on Legal Co-operation (CDCJ)

Committee of Ministers © CoE

The Committee of Ministers has adopted guidelines to facilitate the use of electronic evidence in court proceedings.

These guidelines are the first such international instrument. Their primary purpose is to help the 47 member states adapt the operation of their judicial and other dispute-resolution mechanisms to address issues arising in relation to electronic evidence in civil and administrative proceedings.

The guidelines deal with oral evidence taken by a remote link, use of electronic evidence, collection, seizure and transmission of evidence, relevance, reliability, storage and preservation, archiving as well as awareness-raising, review, training and education.

Strasbourg, France 31 January 2019