Electronic Documents. Security and Authenticity

Abstract

The article deals with electronic court files and court registers on one hand and with the law of evidence of electronic documents on the other. Core issues of the electronic court files will be how to guaranty the security, authenticity and sustainability of an electronic court file on a level comparable to the security and authenticity of a traditional paper file. The servers have to be kept in highly secured computer centers. The use of qualified electronic signatures becomes necessary to secure authenticity of the documentation. Sustainability has to achieved by appropriate storing mechanisms. The law of evidence should have no barriers to the admissibility of electronic documents as evidence. It should provide for a free evaluation of the evidence and not impose legal rules for the evaluation of evidence. Parties not bearing the burden of proof and third parties should be obliged to produce and disclose electronic documents at their disposition within the boundaries of their obligations to testify.