What are digital proofs, what types are there, and how do they work?

Digital evidence has become a fundamental part of administrative and legal processes within companies, especially in environments that rely on electronic documents. online contracts and remote verifications. The growth of digital routines has increased the need for secure ways to demonstrate facts, operations, and intentions, ensuring reliability in audits, disputes, and decision-making.

Today, when an organization enters into a digital contract, records a workflow, or stores electronic data, these elements can serve as evidence capable of proving actions, authorship, intentions, and responsibilities.

Stable and secure platforms help strengthen this process, as is the case in solutions such as digital signatureIn a business context, the expansion of remote operations demands robust practices for storing, verifying, and preserving these records. Therefore, understanding what digital evidence is, how it works, and what types exist has become essential for any business that wants to operate with digital maturity.

Summary

• What is digital evidence and what types of evidence can be considered (messages, emails, files, photos, videos, logs, etc.)?
• Requirements for legal validity: integrity, authenticity, chain of custody, and lawfulness of acquisition.
• Recent case law from the Superior Court of Justice (STJ) regarding the validity of digital evidence, especially screenshots of WhatsApp messages.
• Solid methods for preserving digital evidence, such as the use of certificates, electronic signatures, or notarized documents.
• Practical challenges: digital fragility, risk of manipulation, and the need for forensic expertise.
• Limitations: digital evidence lacking proper methodology may be rejected in court.

Quick facts

• NIST SP 800-101 Rev.1 It defines guidelines for the protection and verification of digital data, essential for preserving evidence and the integrity of proof.
• The international standard eIDAS The European Union establishes standards for electronic evidence and digital signatures, demonstrating how digital certification confers greater legal reliability.
• Security Reports Studies indicate that most incidents involving digital documents occur due to human error—highlighting the risk of manipulation without secure preservation methods.

What is digital evidence?

Digital evidence is evidence obtained, stored, or transmitted through electronic means. It comes from documents, records, interactions, systems, or connected devices. This evidence helps companies prove transactions, consent, communications, and authorship in an increasingly digitalized environment.

The difference between traditional and digital evidence lies in the format: the content is created and remains in an electronic environment, with its own characteristics such as metadata, technically managed authenticity, and the possibility of verifying its integrity through specific tools.

Digital evidence is particularly valuable because it allows for traceability, structured preservation, and auditability, elements that enhance the transparency of corporate operations.

Types of digital evidence

Below, you will find the main types used by companies throughout their operational routines.

1. Electronic records

Electronic records are files created and stored in systems, such as text documents, reports, etc. contractsInvoices, images, videos, and any digitally produced information. These files can prove agreements, activities performed, and creation dates.

The value of these records increases when the file has integrity mechanisms, such as hashing, timestamping, version control, and access logs.

2. Metadata

Metadata is information that describes another file: creation dates, modifications, source location, responsible user, device used, version of the file. with , among other technical details.

They are crucial for verifying the authenticity of a record and clarifying the context of the action. For example, when analyzing a digital contract, metadata can reveal when a file was created, modified, or signed.

3. Emails and electronic communications

Emails are one of the most common forms of digital evidence, especially in business disputes and internal investigations.

The email header carries valuable technical information, such as IP address, servers used, and sending time. Corporate messages sent via systems authenticated They strengthen the chain of custody and lend greater reliability to the content.

4. System Logs

Logs represent automatic records generated by software, applications, and servers. They show accesses, actions performed, and internal events.

Some examples:

• Login and logout log
• File modification log
• API request log
• Internal transaction log

This evidence is essential in audits, incident investigations, and compliance analysis.

5. Screenshots and visual captures

Although screenshots are widely used, they present risks if not accompanied by other elements that guarantee authenticity. They can be easily manipulated, and that's why their value is so high. legal It requires reinforcements such as metadata, continuous capture videos, or a notarized statement.

Still, when properly contextualized, screenshots can help illustrate situations, demonstrate system screens, or prove momentary interactions.

6. Digital contracts

Digital contracts are electronic documents that record an agreement between parties. When signed using appropriate authentication methods, they represent solid digital proof, as they include audit trails and verification mechanisms.

The lifecycle of an electronic contract typically involves:

• document creation
• sending to the parties
• authentication
• signature
• metadata registration
• secure storage

Companies that adopt digital signature solutions are able to reduce costs. simplify processes and increase the traceability of related evidence.

7. Electronic signatures

Electronic signatures are ways to demonstrate the intention to sign a document or confirm an action in a digital environment.

Depending on the type, they may involve:

• email confirmation
• authentication by code
• data biometrics
• digital certificates
• audit trails and logs

They are fundamental for attributing authorship and validating consent, strengthening the robustness of digital evidence related to contracts, authorizations, and internal processes.

8. Notarial deed

A notarial deed is a document drawn up by a notary public that faithfully records a fact, including web pages, electronic communications, screenshots, videos, or any observed digital event.

Because it possesses public trust, it raises the level of reliability of digital elements that, in isolation, could be fragile.

How does the legal validity of digital evidence work?

A legal validity The validity of digital evidence depends on several fundamental pillars: authenticity, integrity, authorship, context, and chain of custody.

For electronic evidence to be accepted in judicial or administrative proceedings, it must be possible to verify that:

• The file has not been changed.
• There is a clear link between the evidence and the parties involved.
• The record has source identification.
• The collection followed reliable methods.
• The metadata is preserved.

Digital signature solutions and document management platforms directly contribute to this scenario, reducing the possibility of human error and ensuring that files are issued and stored in a structured manner.

Brazilian law allows the use of digital evidence whenever it is possible to verify these technical elements.

Technical/legal requirement	Objective	Consequence of non-compliance
Data integrity (hash, logs, etc.)	Ensure that the content has not been altered.	The exam may be invalidated due to suspected tampering.
Authenticity of origin (certificate/minutes)	Verify the true origin of the digital file.	A judge may declare evidence invalid due to doubt about its origin.
Documented chain of custody	Track complete history of evidence	Evidence may lose value or be rejected in court.
Legality of obtaining (respect for privacy and regulations)	To ensure the legality of the collection.	Violation of rights can render evidence inadmissible.

Chain of custody: why is it so important for digital evidence?

The chain of custody represents the complete path taken by evidence: creation, collection, storage, access, processing, and use in audits or legal proceedings.

When electronic evidence goes through disorganized or unrecorded stages, it becomes difficult to guarantee its integrity. Therefore, maintaining a structured chain of custody involves:

• standardized processes
• logs of each movement
• access control
• automatic backups
• reliable systems for registration and signature

Companies with robust digital routines reduce internal disputes, decrease risks, and create more transparent documentation.

Risks related to digital evidence

Improper handling or inadequate collection can completely compromise the value of evidence. Among the most common risks are:

Accidental or intentional alterations

Files can be modified consciously or unconsciously, which compromises data integrity. A good platform should log any changes to ensure traceability.

Metadata loss

Metadata is easily lost when the file is exported, copied improperly, or converted to another format without specific controls.

Insecure storage

Fragile environments can lead to vulnerabilities, data loss, and audit failures.

Unproductive collection

Companies may record data without standardization, making future analysis difficult and rendering the content less reliable.

Best practices for companies that handle digital evidence.

For an organization to possess strong and reliable evidence, it is recommended to adopt structured strategies:

1. Use stable platforms

Secure technological tools help centralize documents, generate automatic logs, reduce risks, and ensure that each step is recorded. This increases the return on investment because it reduces rework, errors, and waste.

2. Record audit trails

Having a complete record of the actions performed in a document has become indispensable for proving its integrity.

3. Maintain storage standards

Storing files in reliable systems, with automated backups and access control, prevents problems in the future.

4. Protect metadata

Preserve original technical information. Do not copy or export files unnecessarily before creating a protected version.

5. Use appropriate authentication methods.

Electronic signatures reinforce authorship and increase the probative value of collected records.

6. Establish an internal workflow for collection and preservation.

Standardizing processes reduces errors and strengthens the chain of custody.

Digital evidence has transformed the way companies record, validate, and prove actions, agreements, and operations. It involves electronic records, metadata, digital contracts, logs, emails, and other elements capable of offering clarity and probative force in corporate environments that depend on digitization to operate securely and efficiently. When well-structured, this evidence strengthens audits, avoids rework, and... reduce costs and protect the company against operational and legal risks.

When adopting a stable platformWith ZapSign's digital signature solution, your company simplifies routines, strengthens evidence collection, and moves toward a secure and reliable digital operation. Meet the tool Try it now!!

Frequently Asked Questions (FAQ)

What is digital evidence?
Digital evidence is evidence obtained and stored in a digital environment—such as messages, emails, photos, videos, or logs—used in legal proceedings when its integrity, authenticity, and legality are preserved.

What are the requirements for the validity of a digital exam?
To be valid, they must meet requirements such as data integrity, authenticity of origin, well-documented chain of custody, and lawful acquisition, without violating fundamental rights.

Are WhatsApp screenshots valid as evidence?
WhatsApp screenshots may be accepted when accompanied by technical proof, chain of custody, or judicial confirmation, showing no signs of alteration, thus guaranteeing reliability.

When can digital evidence lacking proper methodology be invalidated?
When integrity is not preserved, origin is not verified, chain of custody documentation is absent, or evidence was obtained illegally—in these cases, the court may reject the evidence.