The proof in the digital universe

Writing as evidence has long been accepted only on paper. It is different nowadays with the advent of digital technology. Indeed it was necessary to wait for the intervention of the legislator through the law 045-2009/AN of November 10 2009 on the regulation of electronic services and transactions in Burkina Faso to recognize the written document as a probative force whatever its medium i.e. digital or physical. The intervention of the legislator is explained by the idea of technological neutrality. However the question of the digital writing itself as evidence arises. In other words it is a question of knowing in which case the digital document can be used as evidence in the context of a dispute. The legislator has decided on this question. However there are also jurisprudential rules that must be respected when referring to writing as evidence in the digital world. Also when it comes to digital evidence the role of the expert becomes essential.