Article 11:
When the law does not stipulate other rules and when the parties fail to conclude an agreement to
this effect, the judge shall arbitrate the disputes arising from the written evidence in case of multiple
documents, and determine through all possible means the most reliable document regardless of the medium,
while taking into consideration the official document's power of proof.
Article 12:
When denial, or refusal to acknowledge, or claim of forgery are not related to an electronic document
or electronic evidence, the judge shall, when conducting an investigation as per the provisions of the Civil
Procedure Law, ensure that all the reliability requirements to confirm the validity of the electronic document
or signature are met. In other terms, the judge shall ensure that the document was organized and stored in
conditions that preserve its integrity, and that the person issuing the document can be identified through a
reliable mechanism as per Articles (7) and (9) herein.
The judge may request the parties to provide all the digital traces in their possession, or appoint an
expert to look for such traces or resort to technical expertise.
In all circumstances, the general rules pertaining to denying signature or claiming forgery of
electronic documents and signatures shall apply, depending on the nature of those documents and signatures.
Article 13:
An electronic document not meeting all the requirements set for in Articles (7), (9) and (10) herein
may be considered as an introduction of written evidence.
Chapter III: Protection of Electronic Writings
Article 14:
Electronic writing is a free act, and no person shall be bound to resort to protection means unless
otherwise stipulated by the law.
Article 15:
The protection measures are used in electronic writings and signatures to make them more reliable.
The protection measures help perform several functions, such as verifying the identity of the
document organizer, assigning a correct date to the document, and/or ensuring its storage and the integrity
of its content.
Any and all functions above are provided by one or more authentication service provider who shall,
upon performance of said functions, deliver a certificate of authentication to the concerned person.
Any and all functions above may be performed through other techniques as well.