When a company suffers a digital attack and needs to go to court, it often faces an unexpected obstacle: the digital evidence was not properly collected or preserved. The days when screenshots and personal accounts were enough to support a lawsuit are long gone. Today, with the increasing sophistication of attacks and the volume of digital data involved, what the courts require are technically valid and legally admissible digital evidences. This means the collection, storage, and presentation of such evidence must follow a series of strict criteria.
The Importance of the Chain of Custody
For digital evidence to be accepted, it’s essential to ensure what is called the chain of custody. This concept refers to the full path the evidence takes: from collection in the original environment to its presentation in court. Every step must be documented—who accessed the material, how it was stored, and how its integrity was preserved.
If the chain of custody is broken or poorly executed, the evidence may be dismissed by the judge, even if it’s technically relevant to the case.
Why You Should Rely on a Forensic Laboratory
Collecting and preserving digital evidence requires technical knowledge and specific infrastructure. This includes the use of certified forensic software, appropriate data extraction equipment (even for deleted files), and of course, trained professionals.
A digital forensic laboratory can, for example:
- Recover deleted information from devices;
- Analyze system logs and access records;
- Detect intrusion attempts;
- Ensure the integrity of the collected files.
The Role of Digital Forensics and the Assistant Expert
Digital forensic examination is the technical process that investigates devices and systems to identify, preserve, analyze, and present evidence. When the examination is requested by the party involved in the case, the professional is called an assistant expert.
This specialist works alongside the lawyer, monitoring the official forensic process (if there is one), producing counter-evidence, and delivering reports that can be decisive to the case. This is an increasingly essential figure in disputes involving digital crimes, corporate fraud, data leaks, and other cyber incidents.
Technical Legal Consulting
Often, lawyers do not have enough technical knowledge to properly guide their clients in collecting digital evidence. In such cases, having a multidisciplinary team (legal + technical) makes all the difference in building a solid strategy from the beginning.
If your company has suffered a digital attack or if you need to prepare for a potential lawsuit, get in touch with the STWBRASIL team.
We have the largest digital forensic laboratory in Brazil and a highly qualified team ready to help you turn facts into legally valid evidence.
