Electronic Evidence in the Light of the Council of Europe’s New Guidelines

Abstract

This paper aims to analyse the significance of the “Guidelines of the Committee of Ministers of the Council of Europe on electronic evidence in civil and administrative proceedings” adopted by the Council of Europe on January 30, 2019. The authors examine the practical aspects of the specific guidelines following from this soft law instrument. They make an in-depth analysis of metadata as an essential element of electronic evidence. The authors also present the fundamental principles of electronic evidence, as presented in the Guidelines, along with an explanation of their meaning, including the principle on the protection of human rights and rule of law. The paper ends with the authors’ conclusions regarding treatment of electronic evidence in the courts, the practical significance of the Guidelines and the importance of IT law in legal education.