An Outline of the French Law on Digital Evidence

Introduction

Before approaching digital evidence in French law, it is necessary to introduce the French legal position towards evidence in general. In French law, there is a clear distinction between two types of evidence: evidence concerning a legal fact and evidence concerning a legal transaction.

The legal fact can be defined as the behaviour of a person, in which responsibilities are created. A simple example would be where a person driving a vehicle hits a pedestrian. The act may be deliberate or an accident: depending on the liability, if the driver is held responsible it is for the driver to repair any damage caused. The law in France does not impose any binding conditions to prove the driver's responsibility. The pedestrian who was hit may prove the liability of the driver and that damage incurred, by any means: wi...

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