Did you know that an email sent by your company can be considered a confession in court?

In everyday business life, it’s common for managers, sales representatives, or administrative staff to respond to suppliers, clients, or partners via email. However, certain electronic communications — even something as simple as an email — may have significant evidentiary value and, in the context of a dispute, be interpreted as an extrajudicial confession under Article 358 of the Civil Code.

For this to occur, the communication must meet certain requirements, notably that the author is clearly identified. This identification can be established through a simple electronic signature, which implies that the document can already be assessed “in accordance with general legal principles,” as provided in Article 3(10) of Decree-Law No. 12/2021, of February 9. In other words, the court is free to evaluate it in accordance with Article 366 of the Civil Code.

Moreover, the communication must contain legally relevant facts — such as acknowledgment of a debt, acceptance of a clause, or admission of a breach — expressed in a clear and unequivocal manner.

When these conditions are met, and the communication is thus subject to the court’s free assessment, there have been judicial decisions in which such emails were considered effective written evidence, directly impacting the proceedings and their outcome.

Thus, even informal communication can legally bind the company, including when drafted by employees without formal powers, provided they act within the scope of their usual duties. This risk is particularly relevant in civil and commercial disputes, where parties argue over contractual obligations, deadlines, amounts, or allegedly unfulfilled services.

Implementing internal best practices for written communication is therefore essential to mitigate risks and avoid the unintentional creation of unfavorable evidence in legal proceedings.

Accordingly, emails should be written carefully by individuals authorized and responsible for contractual or financial matters, ensuring they do not inadvertently acknowledge debts, defaults, or any contractual liability.

All sent emails should be properly stored for future reference, and in a pre-litigation context, all communications should be reviewed by a legal department as an added precaution.

If there is any doubt about the legal value or admissibility of a particular electronic communication in the context of a dispute, it is crucial to seek qualified legal guidance.

The Caiado Guerreiro team is available to provide clarification, assess specific situations, and support the development of appropriate strategies — whether in a preventive capacity or in civil or criminal litigation.