The evidentiary weight of electronic documents in light of the Egyptian E-Signature Law No.15/2004 and recent case law

The Egyptian Court of Cassation's 2020 ruling marked a pivotal moment for the evidentiary weight of electronic documents in Egypt. Building on the Electronic Signature Law No. 15/2004, the Court affirmed that electronic documents, including emails, have the same evidentiary status as traditional written documents, provided they meet specific criteria such as authenticity, exclusivity, and integrity.

Earlier judgments had established the validity of electronic evidence, but they often placed the burden of proof on the party submitting the document. The 2020 decision shifted this dynamic, presuming the validity of electronic documents unless forgery is proven, thereby simplifying their admissibility. The judgment also clarified that electronic evidence could only be challenged on forgery grounds, addressing prior inconsistencies in handling such evidence.

The ruling builds on precedents where courts recognized emails and other electronic writings as valid for establishing contractual relationships and fulfilling legal requirements, even in the absence of explicit traditional documentation. This evolution underscores Egypt's progressive stance on adapting its legal framework to the digital age while providing clarity on the treatment of electronic evidence in judicial and arbitral contexts.

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