The TSJM rejects the use of "WhatsApp screenshots" as a document for appeals
WhatsApp has become a source of information and communication in professional relationships. It has even become a determining factor in dismissals, changes in working hours or new regulations.
A situation that has been highlighted in the appeal 17/2024 of the High Court of Justice of Madrid. A court that had to assess the nature of the dismissal of an employee of a company.
An appeal in which different WhatsApp screenshots and photographs were presented. Evidence which, however, was rejected by the court.
And, for the court, these documents "cannot have the character of a document that is admissible for the purposes of appeals".
Pere Vidal, associate director of RocaJunyent's Labour Law Department, in conversations with Confilegal, points out that "in the presentation of digital evidence in legal proceedings, it is not enough to provide mere screenshots. It is essential to reinforce the authenticity and integrity of this evidence," the lawyer explains to this newspaper.
Authentication must be carried out "through accessory or instrumental means, such as witnesses or transcriptions in notarial records".
Likewise, Pere Vidal assures that this ruling by the TSJM "is still relevant". Especially, for re-evaluating "the documentary nature of the e-mails". An assessment that meant that recognition could be extended to digital communications such as WhatsApp.
"The recent ruling of the TSJM reminds us that there is still reluctance to accept all digital communications as documentary evidence. Especially with regard to their capacity to modify or review proven facts in appeals".
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