Diritto & Internet

Email as court evidence, judges can decide

Emails are electronic documents signed with an electronic signature, (in that) usernames and passwords are to be be considered as an electronic signature, in accordance with the definition given by Italian law (Digital Administration Code, legislative decree 82/2005, art. 1, lett. q).
This principle was (correctly) confirmed in the decision given by the Prato Court, on April 15, 2011.
Therefore, whether or not emails can be used as evidence must be decided by the judge, case by case.
The judge must observe the following criteria: quality, security, integrity and inalterability of the document.
In the case decided by the Prato Court, emails were not considered as evidence.

Giusella Finocchiaro

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Scientific Director
Prof. Avv. Giusella Finocchiaro
Editorial Curator
Dott. Giulia Giapponesi