Evidential issues in an electronic data interchange context according to Norwegian law

Abstract

This paper is a survey of some evidential issues of the electronic data interchange (EDI) technology according to Norweign law. Since no Norwegian case so far has dealt with the issue, it has been necessary to take more conventional paperless systems into account. According to Norwegian and Nordic law the question of evidence is regulated in a very different way from what is normal in the common law tradition. The main reason for this is that Norwegian law does not comprise formal principles, such as the hearsay rule and the best evidence rule. The key principle of evidence in Norwegian law is the so‐called free evidence rule which exists in both criminal and civil proceedings. In short, the principle states that it is up to the judge, after a thorough examination of the evidence submitted to the court, whether or not to take the evidence into account and if so to decide what weight it should carry before a decision is reached. In this paper the free evidence principles are considered in an EDI context. Different statutes, mainly from the Civil Procedures Act and from the Criminal Procedures Act in Norwegian law are also reviewed in an EDI context.

Notes

This paper is mainly based on Chapter 5 in the author's book: Paperless Systems and EDI, a Survey of Norwegian Law, Complex 4/91, Oslo: Tano, 1991.