Is a WhatsApp message valid evidence in court? What you need to know in Huesca

Yes, but with conditions. WhatsApp messages are used every day in family, employment, tenancy, debt and criminal cases. The problem comes when the other side claims the conversation has been tampered with, is incomplete or was not written by them. At that point, a screenshot is worth very little.

Why a screenshot is not enough

A screenshot is an image, and an image can be edited, cropped or fabricated with apps that imitate WhatsApp. That is why the Spanish Supreme Court has held that, when the authenticity of a conversation is challenged, the party presenting it must prove it is genuine. And the usual way to do that is a digital forensics report.

What the digital forensics expert does

• Extracts the conversation from the phone itself, not from a screenshot, and checks that it has not been altered.
• Verifies senders, numbers, dates and times of each message.
• Checks for deleted messages or gaps in the conversation.
• Guarantees the chain of custody with hash codes, which prove the evidence has not been touched since it was extracted.
• Explains everything in plain language, so that the judge and the lawyers can understand it.

How to avoid losing the evidence

1. Do not delete the conversation or the chat, even if it is unpleasant.
2. Do not change or reset your phone before the evidence has been preserved.
3. Keep WhatsApp backup switched on.
4. Also keep voice notes, photos and documents sent in the chat: they are part of the evidence.
5. Act quickly, especially if the conversation is on someone else’s phone or could be deleted.

A notarial record is not the same

A notary can certify what they see on the phone screen, but does not analyse whether the conversation was tampered with beforehand. If the other side challenges its authenticity, the technical answer comes from the expert report.

Why an expert report

With the report, the conversation stops being “a screenshot” and becomes verified evidence. Often that is enough for the other side to stop disputing it. If there is a lawsuit, we defend the report before the judge at the ratification hearing.

Computer experts across the province of Huesca

We work for individuals, lawyers and companies in Huesca and in towns such as Jaca, Benasque or Sallent de Gállego (Formigal). Much of the work is done remotely and, if access to the phone is needed, we arrange it without you having to travel far. If there is a lawsuit, the report is filed with the courts of Huesca or of the relevant judicial district.

How we work

Send us what you want to prove, which conversation it is and in which proceedings it will be used by email or WhatsApp. We review it and send you a fixed, no-obligation quote, replying the same day.

More information on our computer expert page.