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

YouTube

In the context of Covid-19, electronic evidence has become increasingly important and makes the Council of Europe Guidelines on electronic evidence in civil and administrative proceedings (2019), particularly relevant for national courts when, more than ever, it is necessary to have the use of special tools to process and manage electronic evidence in an appropriate and secure manner, including electronic signatures.

See also the 'news' on the CEELI Institute in Prague where the Council of Europe guidelines on electronic evidence were brought to the fore during the launch of a four-part webinar discussion series.

October 2020