How to submit WhatsApp messages as evidence in Spanish courts
WhatsApp conversations are submitted to Spanish courts every day, but they do not all carry the same weight. The key question is what happens if the other party challenges their authenticity.
Screenshots: the weakest option
A screenshot can be edited in minutes and contains no reliable metadata. If it is not challenged, the judge may consider it; but if it is, Spanish Supreme Court case law (STS 300/2015, Criminal Chamber) holds that the burden of proving authenticity lies with the party submitting it, and an expert report will normally be needed.
A notarial record helps, but is not enough
A notary certifies what appears on the screen at a given moment, but does not check whether the conversation was altered beforehand or whether the device is what it claims to be.
What an expert report adds
- Forensic acquisition of the phone with hashing, so it can be verified that nothing was altered.
- Confirmation that the messages exist in the app's database with the correct dates and numbers.
- Detection of signs of tampering, deletion or editing.
- A clear explanation to the court and testimony at trial.
Practical tips
- Do not delete the chat or change phones without first speaking to your lawyer.
- Keep the app's backup as well.
- Do not forward messages to other chats to “save” them: it does not make them more reliable.
- If the conversation is key, consult an expert before filing your claim.