Understanding digital evidence in Romanian legal proceedings
In today’s technology-driven world, digital evidence plays a key role in legal disputes. Emails, instant messages, server logs, and metadata can be crucial in proving or challenging claims in civil and commercial cases.
Romanian courts apply both domestic procedural laws and EU standards to digital evidence. But admissibility requires more than access to the data. Legal teams must prove its authenticity, integrity, and relevance under Romanian rules.
This article explores how digital evidence is treated in Romanian litigation, the legal requirements for its use, and how businesses can strategically collect and present such evidence in disputes.
What qualifies as digital evidence?
Digital evidence refers to any information stored or transmitted in digital form that may be presented in legal proceedings. In Romanian courts, this can include a wide range of materials such as emails and attachments, SMS or WhatsApp conversations, and records of electronic correspondence. Other examples are electronically signed contracts, computer system logs, access records, voice recordings, GPS data, video files, and even metadata such as timestamps and file history. Courts also regularly assess screenshots, web archives, browser activity, and financial or business records extracted from ERP systems or cloud-based platforms. The Romanian Civil Procedure Code and Law no. 135/2010 (Criminal Procedure Code) both recognise the admissibility of digital evidence, as long as it has been lawfully obtained, is relevant to the case, and its credibility can be demonstrated.
Admissibility and legal framework for digital evidence
Under Romanian law, courts admit digital evidence if it is relevant:
- Relevant to the dispute (it must support a claim or defence);
- Authentic (its origin and integrity can be verified);
- Lawfully obtained (must not breach data protection or confidentiality laws);
- Properly presented (in a format the court can evaluate and archive).
For civil litigation, Article 258 of the Civil Procedure Code allows any form of evidence that does not contravene the law. This includes digital documents and communications.
For commercial disputes, especially those involving contracts, trade secrets, or shareholder matters, digital records are frequently used to demonstrate intention, consent, or breach.
In criminal cases, more rigorous standards apply. Digital evidence must often be obtained through authorised procedures (e.g. seizure orders or technical expertise) and must respect the rights of the defence.
Proving authenticity and integrity of digital data
Courts in Romania are cautious about the origin and integrity of electronic documents. For digital evidence to be credible, it must clearly demonstrate that it has not been tampered with or manipulated. Courts commonly establish authenticity using several methods. Timestamping and metadata help show when a file was created, modified, or accessed, offering a digital trail of its history. Digital signatures, particularly qualified electronic signatures regulated under EU Regulation 910/2014 (eIDAS), carry full legal effect and can verify both the author and the document’s integrity. Hash values are also used in forensic analysis to mathematically confirm that a file has not been altered. In more complex cases, legal teams may need to rely on third-party certifications or expert forensic opinions when extracting data from cloud platforms or enterprise systems.
If the authenticity of digital evidence is contested during litigation, judges may appoint a judicial IT forensic expert to perform an independent technical analysis of the files or systems involved.
Strategic use of digital evidence in litigation
In practice, digital evidence is most powerful when integrated into a coherent litigation strategy, not presented in isolation. For example:
- Combining digital evidence with witness testimony can help establish context or intent.
- Chronologies of communication (e.g. email threads, chat logs) are often used to show commercial negotiations, acceptance of terms, or notice of breach.
- Screenshots and audit trails can support claims of unauthorised access or data misuse.
- Internal emails or shared documents may prove decision-making or misconduct in shareholder or employment disputes.
Legal teams should gather digital evidence early, preserve it securely, and assess whether expert certification or notarisation is needed to support its evidentiary value.
Key challenges and best practices
While digital evidence is increasingly accepted in Romanian litigation, companies should be aware of several common pitfalls. Informally collected data may be rejected if it is not properly preserved or authenticated. Privacy violations, such as unauthorised recordings or monitoring of employees, can make evidence inadmissible and may even lead to regulatory sanctions. Additionally, the failure to translate or clearly present digital material can weaken its evidentiary value and affect how it is interpreted by the court.
To avoid these risks, businesses involved in legal proceedings should act with caution and foresight. It is essential to retain raw data in its original format, avoiding any alterations that could compromise authenticity. The chain of custody for electronic records should be documented meticulously. Before submitting sensitive data, companies should consult legal and technical experts to ensure accuracy and compliance. Lastly, where personal data is involved, strict adherence to GDPR and Romanian labour law is critical to avoid breaching data protection regulations.
Conclusion: digital evidence as a strategic asset
As Romanian litigation continues to evolve, digital evidence has become an essential tool for resolving complex disputes. Whether you’re pursuing contractual enforcement, defending against commercial claims, or managing shareholder conflicts, knowing how to collect, preserve, and present electronic data can make the difference between winning and losing a case.
At Iorgulescu-Legal, our litigation team works closely with forensic and IT experts to help clients leverage digital evidence effectively and lawfully. If your business is facing a dispute or investigation involving digital data, we’re here to guide you through the legal and technical complexities.