WhatsApp and Digital Messages as Evidence in Kuwaiti Courts
Understand how Kuwaiti courts assess WhatsApp messages and emails as evidence, including authentication requirements and limits on admissibility.
Evidence, Enforcement & Companies · By Fahad Alhaddad Law Firm · Published 2026-09-28 · Updated 2026-09-28
With technological advances, correspondence via WhatsApp and email has become an integral part of our business and professional lives. Many people ask whether these communications can be relied upon as evidence before Kuwaiti courts, particularly given the existence of the Cybercrime Law (Law No. 63 of 2015), which regulates aspects of digital dealings.
Proof by Electronic Means
Kuwaiti law recognises electronic transactions as admissible evidence, provided that the integrity of the digital medium is verified and the messages have not been tampered with.
The court has discretion to determine the weight of this evidence and the extent to which it reflects the actual facts of the dispute.
Methods of Authenticating Digital Correspondence
To strengthen the evidential value of a WhatsApp message, it is preferable to use technical authentication methods or approach the competent authorities to establish the authenticity of its content.
Keeping screenshots alone may not be sufficient if their authenticity is challenged. It is therefore preferable to obtain an official transcript or a technical report.
Limits on the Admissibility of Digital Evidence
The correspondence must relate directly to the subject matter of the dispute and clearly reflect the parties’ intentions or the obligations binding upon them.
Correspondence that violates privacy or has been obtained unlawfully may face legal challenges when submitted as evidence.
The Role of Technical Experts
In significant cases, the judge may request the appointment of a technical expert to examine devices and messages and verify that they have not been altered.
At our firm, we help guide clients on how to submit this digital evidence in a manner that ensures its legal admissibility.
Legal Tips for Businesses
Businesses should adopt clear policies for official correspondence to ensure that their rights are protected in the event of a dispute.
Do not rely on instant messaging as a definitive substitute for signed contracts. Instead, use it as a means of supporting and corroborating agreements.
Related guides
This article is general information, not legal advice, and does not replace consultation with a lawyer licensed in Kuwait. The official Arabic legal texts prevail over any English explanation.