Authentication of Electronic Evidence Derived from Digital Transactions and Communications

Abstract

The rapid advancement of digital technologies, artificial intelligence, and blockchain has profoundly transformed how information is generated, exchanged, and utilised in commercial transactions. This evolution raises urgent legal and technical challenges regarding the authentication of electronic evidence, which is crucial to ensuring the integrity, reliability, and probative value of digital data in judicial and arbitral proceedings. This paper examines the theoretical foundations and practical challenges of authenticating electronic evidence derived from digital transactions and communications in Vietnam. Through comparative analysis of legal frameworks in Singapore, the United States, and the European Union, the study identifies Vietnam’s lack of integration between legal provisions and technical standards as the main obstacle to effective authentication. The research proposes a series of reforms, including establishing authentication mechanisms for specific digital transactions, creating a trusted third-party verification system, regulating the chain of custody, institutionalising a national digital forensic centre, and promoting capacity building through public–private partnerships. The findings highlight that improving Vietnam’s legal and technical framework for the authentication of electronic evidence is essential not only for procedural fairness and legal certainty but also for fostering a transparent and trustworthy digital economy.