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Proceedings and lawSettelmayer Global Legal2 min read

Securing evidence properly: what later actually counts

A claim that cannot be substantiated is of little economic value. Preservation therefore frequently decides more than the legal question.

In fraud and commercial matters, what frequently decides the issue is not who is in the right, but what can be proven. Anyone who secures evidence early and in a structured way improves their starting position considerably – regardless of whether proceedings later ensue.

Complete rather than in excerpts

A cropped image of a message leaves open who it came from, when it arrived and in what context it stood. Therefore secure complete views with a visible address, date and time, and export chat histories as a file or archive where the application permits it. For emails the technical headers are decisive, because they document the transmission path – they are lost when the message is photographed.

Integrity of the documents

Do not alter original files – no renaming of attachments, no retouching of images, no deletion of messages that appear irrelevant. Store copies separately from the original and note where each file comes from. Content already deleted can sometimes still be reconstructed; mention it therefore, rather than passing over it.

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General information. The legal assessment depends on the circumstances of each case.

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  • General information. The legal assessment depends on the circumstances of each case.

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