Notarial Record of WhatsApp
What would happen if WhatsApp had been the means by which a person was offered a job that later went unpaid? Or through which a mother had reaffirmed that she does not hand over her children at the time established by custody? There are thousands of examples for which WhatsApp, Telegram or other instant messaging application records are effective. That is why we want to explain the importance of this simple procedure that we carry out as Notaries in Barcelona and let you know why printing the WhatsApp chat is not valid for a trial.
What is a notarial record of WhatsApp messages?
The notarial record of WhatsApp messages is a notarial document that certifies the content of the conversation held through WhatsApp but can also be applied to different messaging applications.
Thus, in this record of messaging application content, different elements can be included such as screenshots or messages. Likewise, text messages, images, videos or voice notes are added (the Notary certifies the audios by listening to them and recording them in writing through transcription). Relevant information such as the date and time of the messages, the name and number of sender and recipient, and the statuses or avatars of the profiles are also attached.
The WhatsApp record has evidential effects, both judicial and extrajudicial.
So, can WhatsApp messages be constituted as evidence in court?
Thanks to this record, WhatsApp is evidence for trial that can be presented in judicial processes (and also administrative ones), obtaining legal validity and suitability to be presented in litigation. In fact, it is common to draw up a notarial record as WhatsApp evidence in labour trials.
Examples of Whatsapp minutes
Previously, we have presented two common cases in our Notary Office in Barcelona for which these notarial records are made.
- Messages related to unpaid contracts or services
- Refusals to comply with custody agreements
Additionally, we can add these other examples.
- Threats
- Mobbing or school bullying
- Insults
- Payment commitments between individuals for having lent money in which the debtor specifies the amount and the deadline for repayment
- Sale of goods between individuals, for example, with the purchase and sale of a vehicle where the buyer had already given a deposit for the purchase and the seller, having committed, ended up selling the vehicle to another person
- To face litigation for scams in online purchases
- Non-compliance with collaboration terms by a company
- Derogatory messages or workplace harassment
- Damage to rental properties reported via WhatsApp to the owner that the tenant later refused to admit
In summary, any conversation held on WhatsApp can be recorded in a notarial record.
What happens regarding the confidentiality of communications in the Constitution? Who can request the Notary to draw up the chat record?
Only the participants of a conversation may request the WhatsApp minutes to be drawn up. This is because the confidentiality of communications under article 18 of the Constitution does not apply when both parties involved in the facts are involved, which would indeed be the case if the minutes were drawn up against third parties unrelated to that communication.
By invoking article 24 of the Constitution, the claimant seeks to exercise their right to use different means for their defence, in this case, the WhatsApp content minutes.
How to make a WhatsApp Minutes in Barcelona?
Granting a Whatsapp certificate in Barcelona is a simple procedure at our Notaries' office.
Documentation for a WhatsApp content record before a Notary
To issue a WhatsApp verification report, you only need:
- Identification document of the person who is going to sign the report and, where applicable, of the company they represent.
- Show the WhatsApp to the Notary.
The role of the Notary for the Whatsapp record in Barcelona
In this type of record, it is certified that a participant has gone to a Notary, has shown an instant application on their mobile phone, and that content has been incorporated into the record.
However, the Notary cannot certify:
- who has sent the messages or audios (although the telephone numbers involved are verified)
- whether there has been any alteration or manipulation of messages
They can only verify that the requester recognises who is involved in their presence.
As for images or documents, they can certify and incorporate copies as long as it does not affect the privacy of third parties.
Furthermore, if necessary, expert reports can be incorporated into the record to prove certain aspects, such as the non-alteration of a conversation.
The expert in the Whatsapp verification report
It is also possible for an expert to attend the report who provides technical aspects for a future legal proceeding. They will be responsible for recording any possible content manipulations (such as content edits, message deletions, or alteration of the other participant's number). The expert report is very important to verify in a trial that there was no manipulation.
Can a WhatsApp evidence be challenged in a trial?
It can be challenged as long as it has been tampered with, although in any case it will be assessed by the Judge along with the rest of the evidence presented in the trial. For this reason, the presence of an expert in the record of verification of messaging applications may be of interest.
What is the price of a WhatsApp or Telegram transcript?
The cost of this service is stipulated by the Notarial Fee Schedule. To determine the price of a WhatsApp record, it is necessary to know certain aspects such as the number of pages, the authorised and simple copies issued, and the possible diligences. Therefore, the most convenient thing is to contact us for the preparation of a personalised quote.
However, as a guideline, we can inform you that according to the current regulatory framework, the price to formalise a WhatsApp, Telegram or similar applications record starts from €130 VAT included. This indicative price is calculated to include a conversation occupying one single-sided page and the issuance of one authorised copy and one simple copy. If more documents need to be attached or more procedures carried out, the price may increase.
WhatsApp as Evidence in Court Thanks to Its Record with JLA Notarios
In conclusion, the Whatsapp record is presented as an ideal tool as evidence in court. Protect your rights, demonstrate agreements reached or foresee resolving conflicts thanks to it.
As Notaries in Barcelona, with a physical office at our notary office on Avenida Diagonal and with online notary services, we are committed to offering you a professional and reliable service certifying WhatsApp conversations so that they have legal validity. Contact us to process one via the email bcn@jlanotarios.com, by entering the contact form on our website or by calling 93 159 17 62.
By your side in the moments that matter
Wills and inheritance
Making a will, making a declaration of heirs or awarding inheritance are very important moments in people’s lives.
At JLA Notarios we offer inheritance law services, both to arrange your estate and to divide up inheritance, guaranteeing the best advice for your particular needs while studying the tax implications of each case. We never forget the human factor. We even offer a notary service at home if necessary.
Contracts and property law
Over the course of our lives, we carry out important actions, such as buying a home, declaring a new-build, lifetime gifting to our children or ending partnerships, among many others.
At JLA Notarios we are experts in property and contract law and buying and selling property. We guide our clients, analysing each particular issue and always considering the tax burden of each transaction.
In addition, some of our notarial services can be performed online, so we can assist you from anywhere in Spain. Contact us to declare a new-build or a commonhold ownership structure online.
Mortgage
Taking out a mortgage is one of the biggest moments for anyone. Just think of the fees and interest you may have to pay for much of your life. So it is essential to have a trusted notary to help you understand what you are signing, explaining the tricky legal terms and their future consequences in simple words, to provide transparency and protect our clients.
At JLA Notarios we are aware of the importance of giving complete and understandable information to people about to sign a mortgage, novation or subrogation. We also advise and guide you on your future mortgage cancellation.
Loan agreements and credit facilities
Individuals and companies often need money to fulfil their dreams or projects. This can be obtained by taking out a loan or credit facility with your bank. When you sign, it is essential to understand the details properly to avoid future surprises.
JLA Notarios can be your trusted notary office, giving you accurate advice on loan contracts, providing a very agile and specialised service for processing loan contracts.
Bear in mind that from 9 November 2023, you will be able to sign your loan contracts from anywhere in Spain electronically by videoconference with JLA Notarios, saving you time and money. Do not hesitate to contact us to find out more about the notary office’s services in order to sign a loan contract online or sign a credit facility online.
Companies
Without entrepreneurship there is no future, so it is of vital importance to support our businesspeople and entrepreneurs.
At JLA Notaries we are familiar with companies’ life cycle, which enables us to provide legal assistance for companies in their different stages, whether incorporation, modifications of their articles of association, changes of director, share sales and purchases, capital increases and reductions, dissolution and closure, and everything related to commercial matters.
Powers of attorney
There are moments in life when a person needs to delegate. The law provides a tool for this: powers of attorney. Though a power of attorney, one person allows another person to act on their behalf.
At JLA Notarios we make sure that you understand the significance and risks of delegating or revoking powers of attorney, from a special power of attorney or power of attorney for lawsuits, to general powers of attorney or preventive powers of attorney for cases of incapacity.
We provide an agile service to sign powers of attorney. You can take your copy away immediately, saving you unnecessary trips, and from 9 November 2023 our clients will be able to sign all powers of attorney that are not general or preventive by videoconference through our digital notary office.
Family affairs
A prosperous society is based on the family and its protection. Family Law provides you with the tools to protect your family and its members, so its foundations are solid and its purposes can be achieved.
At JLA Notarios we provide legal advice on marriage or civil partnerships; property aspects of the family through marriage contracts or civil partnership contracts; the moments when the family relationship is ended, in cases such as divorce or separation; and protection of vulnerable people, such as minors or people with modified capacity, through deeds of appointment of guardians or executors or creation of protected assets. We do all of this in a way that makes everyone involved feel equally supported and secure.
Certifications and authentications
It is common knowledge that notaries attest. That important and simple action can guarantee things of vital importance, such as ensuring that the signature on a document is authentic or certifying that a copy of a document matches the original.
At JLA Notarios we will help you to certify a document or notarise a signature in accordance with the law and tailored to your specific needs.
In addition, these notarial procedures can be carried out conveniently through electronic means from 9 November 2023.
Minutes
How many times have you wanted to leave a record of an event, of a statement, of the condition in which an object is found, or notify someone of any matter. To provide a solution to these issues, the Law provides us with notarial records.
At JLA Notarios we adapt to you, reflecting in the record what you require and carrying out the notifications and requests that you demand.
Oath of Nationality
Behind every nationality oath there is a story of overcoming, sacrifice and waiting.
At JLA Notarios we understand what this moment means and offer an empathetic, agile and quick service, advising beyond the oath itself, anticipating the future requirements that the new Spanish citizen will need.
We are your reference Notary to carry out the nationality oath before a Notary in Barcelona.
Apostille of the hague convention
Globalisation enables the free movement of people and documents of all kinds. How can you guarantee that a document has been officially issued? With an apostille of the Hague Convention.
JLA Notarios can obtain an apostille for all documents executed before us so they are valid and recognised abroad. We do this transparently and save you all the bureaucratic procedures involved.
Tax and registry procedures
Tax bureaucracy can cause a lot of headaches.
So JLA Notarios offers its clients the possibility of assessing and paying the many different taxes by the executing deeds and carrying out other procedures before the notary. We can also file them with the Land or Companies Registry so you do not have to concern yourself with it and can spend your time on the things that matter. We support you from start to finish.
Wills and inheritance
Making a will, making a declaration of heirs or awarding inheritance are very important moments in people’s lives.
At JLA Notarios we offer inheritance law services, both to arrange your estate and to divide up inheritance, guaranteeing the best advice for your particular needs while studying the tax implications of each case. We never forget the human factor. We even offer a notary service at home if necessary.
Contracts and property law
Over the course of our lives, we carry out important actions, such as buying a home, declaring a new-build, lifetime gifting to our children or ending partnerships, among many others.
At JLA Notarios we are experts in property and contract law and buying and selling property. We guide our clients, analysing each particular issue and always considering the tax burden of each transaction.
In addition, some of our notarial services can be performed online, so we can assist you from anywhere in Spain. Contact us to declare a new-build or a commonhold ownership structure online.
Mortgage
Taking out a mortgage is one of the biggest moments for anyone. Just think of the fees and interest you may have to pay for much of your life. So it is essential to have a trusted notary to help you understand what you are signing, explaining the tricky legal terms and their future consequences in simple words, to provide transparency and protect our clients.
At JLA Notarios we are aware of the importance of giving complete and understandable information to people about to sign a mortgage, novation or subrogation. We also advise and guide you on your future mortgage cancellation.
Loan agreements and credit facilities
Individuals and companies often need money to fulfil their dreams or projects. This can be obtained by taking out a loan or credit facility with your bank. When you sign, it is essential to understand the details properly to avoid future surprises.
JLA Notarios can be your trusted notary office, giving you accurate advice on loan contracts, providing a very agile and specialised service for processing loan contracts.
Bear in mind that from 9 November 2023, you will be able to sign your loan contracts from anywhere in Spain electronically by videoconference with JLA Notarios, saving you time and money. Do not hesitate to contact us to find out more about the notary office’s services in order to sign a loan contract online or sign a credit facility online.
Companies
Without entrepreneurship there is no future, so it is of vital importance to support our businesspeople and entrepreneurs.
At JLA Notaries we are familiar with companies’ life cycle, which enables us to provide legal assistance for companies in their different stages, whether incorporation, modifications of their articles of association, changes of director, share sales and purchases, capital increases and reductions, dissolution and closure, and everything related to commercial matters.
Powers of attorney
There are moments in life when a person needs to delegate. The law provides a tool for this: powers of attorney. Though a power of attorney, one person allows another person to act on their behalf.
At JLA Notarios we make sure that you understand the significance and risks of delegating or revoking powers of attorney, from a special power of attorney or power of attorney for lawsuits, to general powers of attorney or preventive powers of attorney for cases of incapacity.
We provide an agile service to sign powers of attorney. You can take your copy away immediately, saving you unnecessary trips, and from 9 November 2023 our clients will be able to sign all powers of attorney that are not general or preventive by videoconference through our digital notary office.
Family affairs
A prosperous society is based on the family and its protection. Family Law provides you with the tools to protect your family and its members, so its foundations are solid and its purposes can be achieved.
At JLA Notarios we provide legal advice on marriage or civil partnerships; property aspects of the family through marriage contracts or civil partnership contracts; the moments when the family relationship is ended, in cases such as divorce or separation; and protection of vulnerable people, such as minors or people with modified capacity, through deeds of appointment of guardians or executors or creation of protected assets. We do all of this in a way that makes everyone involved feel equally supported and secure.
Certifications and authentications
It is common knowledge that notaries attest. That important and simple action can guarantee things of vital importance, such as ensuring that the signature on a document is authentic or certifying that a copy of a document matches the original.
At JLA Notarios we will help you to certify a document or notarise a signature in accordance with the law and tailored to your specific needs.
In addition, these notarial procedures can be carried out conveniently through electronic means from 9 November 2023.
Minutes
How many times have you wanted to leave a record of an event, of a statement, of the condition in which an object is found, or notify someone of any matter. To provide a solution to these issues, the Law provides us with notarial records.
At JLA Notarios we adapt to you, reflecting in the record what you require and carrying out the notifications and requests that you demand.
Oath of Nationality
Behind every nationality oath there is a story of overcoming, sacrifice and waiting.
At JLA Notarios we understand what this moment means and offer an empathetic, agile and quick service, advising beyond the oath itself, anticipating the future requirements that the new Spanish citizen will need.
We are your reference Notary to carry out the nationality oath before a Notary in Barcelona.
Apostille of the hague convention
Globalisation enables the free movement of people and documents of all kinds. How can you guarantee that a document has been officially issued? With an apostille of the Hague Convention.
JLA Notarios can obtain an apostille for all documents executed before us so they are valid and recognised abroad. We do this transparently and save you all the bureaucratic procedures involved.
Tax and registry procedures
Tax bureaucracy can cause a lot of headaches.
So JLA Notarios offers its clients the possibility of assessing and paying the many different taxes by the executing deeds and carrying out other procedures before the notary. We can also file them with the Land or Companies Registry so you do not have to concern yourself with it and can spend your time on the things that matter. We support you from start to finish.
