IT Forensics · Private Individuals

When might a private IT forensic report be useful for me as a private individual?

A private expert report may be useful if a technical matter needs to be documented in a way that is clear and comprehensible to a solicitor, an insurance company, a public authority or for the purposes of a future legal dispute.

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Why this question is important for private individuals

When digital evidence becomes relevant to a solicitor, an insurance company, a public authority or a court, a mere assumption or a screenshot is often not sufficient. What matters is what technical conclusion can actually be drawn from the evidence provided.

Technical investigative approach

We formulate a specific technical research question, obtain the legally available primary data, and document the investigation, findings and limitations of the conclusions in a transparent manner.

Where the limits of what can be said lie

A private expert report does not guarantee a particular outcome of legal proceedings and does not become a court-appointed expert report simply by virtue of its title.

Why LanCologne?

A private IT forensic report is not a means of automatically lending greater weight to one’s own claim. Its value only arises when the technical question of evidence is clearly formulated, the data set is preserved in a transparent manner, and the findings are established independently of the client’s wishes.

LanCologne therefore begins by asking: What needs to be technically proven or verified? Is it the authenticity of a file, the time of an action, the use of an account, a data transfer, the integrity of a device, or the plausibility of an alleged sequence of events? Only then is it determined which data is actually required.

Primary data takes precedence over mere screenshots, reports or software displays. Automated forensic tools assist with the analysis; however, where findings are of decisive importance, their results are validated against the underlying artefacts as necessary.

The report is written in a way that is accessible to non-technical readers. At the same time, a technical section documents data sources, integrity, artefacts, time references and validation steps, so that another qualified IT forensic expert can verify the key findings.

Even a result that is unfavourable to the client is documented. An independent expert report is not intended to technically ‚confirm‘ a party’s claim, but rather to establish a sound factual basis.

How we work

1Clarify the purpose of the private report and the intended recipient.
2Formulate a specific technical question of evidence.
3Identify devices, files and account details that are lawfully accessible.
4Document the original condition and origin of the data.
5Create suitable forensic backups or exports.
6Maintain integrity values and working copies in a traceable manner.
7Examine primary artefacts, not just tool reports.
8Correctly classify timestamps and their technical semantics.
9Consider alternative technical explanations and counter-hypotheses.
10Document incriminating, exonerating and inconclusive findings equally.
11Write the main report in plain language.
12Add a technical appendix to ensure technical reproducibility.

A privately commissioned study does not mean it was conducted in a biased manner

The commission is paid for by a private individual. However, this must not influence the findings of the investigation. If the data refutes or does not confirm a claim made by the client, this must also be included in full in the report.

Understandable for lawyers and reproducible for forensic scientists

The main body of the report answers the technical question in clear, accessible language. The technical appendix documents the key data sources, backup statuses, artefacts, time references, integrity information and validation steps. This enables another qualified expert to carry out a technical review of the derivation.

Legal and procedural framework

In civil proceedings, the court decides, in accordance with Section 286 of the Code of Civil Procedure (ZPO), having regard to the entire substance of the proceedings and the outcome of any taking of evidence, on the basis of its free assessment of the evidence, whether a factual assertion is to be regarded as true or false. A privately commissioned IT expert report does not prejudge this judicial assessment of the evidence.

Section 371 of the German Code of Civil Procedure (ZPO) applies to electronic documents. Where an electronic document forms part of evidence by inspection, such evidence is adduced by producing or transmitting the file. Section 371a of the ZPO contains specific rules on the evidential value of certain electronic documents, such as those bearing qualified electronic signatures. This specific evidential value does not automatically apply to ordinary chats, screenshots, photographs or other files.

Evidence from court-appointed experts is governed by sections 402 et seq. of the Code of Civil Procedure (ZPO). Under section 404 of the ZPO, the court hearing the case is responsible for selecting the experts to be called. An expert commissioned privately does not, therefore, become a court-appointed expert merely by virtue of being commissioned by a party.

Different procedural rules apply in criminal proceedings. Section 244 of the Code of Criminal Procedure (StPO) obliges the court, during the main hearing and subject to the statutory conditions, to ascertain the truth, and governs the taking of evidence and applications for evidence. A private technical report may be relevant from a technical perspective for the defence or for the victim’s representative, but it does not replace the state’s taking of evidence.

Section 31 of the Insurance Contract Act (VVG) may be relevant in the event of an insured event. Under this provision, once an insured event has occurred, the insurer may request the information necessary to determine the insured event or the extent of its obligation to pay benefits, and, subject to the statutory conditions, may also request supporting documents. Whether a particular claim exists is not a matter for IT forensics to decide.

LanCologne provides technical facts and a clear explanation of how they are derived. Process strategy, the assessment of evidence, insurance cover, criminal classification and other legal conclusions remain the preserve of lawyers, insurers, authorities and courts.

Why choose LanCologne for a private IT forensic report?

LanCologne does not focus on presenting as many technical details or product names as possible. What matters is the specific question of evidence. We examine the underlying primary data, document our findings and limitations in a transparent manner, and thereby establish a technical factual basis that is designed to withstand critical scrutiny.

Frequently Asked Questions

When might a private IT forensic report be useful for me as a private individual?
When digital evidence becomes relevant to a solicitor, an insurance company, a public authority or a court, a mere assumption or a screenshot is often not sufficient. What matters is what technical conclusion can actually be drawn from the evidence provided.
How is such a technical investigation carried out in practice?
We formulate a specific technical research question, obtain the legally available primary data, and document the investigation, findings and limitations of the conclusions in a transparent manner.
Can such an investigation always produce a clear result?
A private expert report does not guarantee a particular outcome of legal proceedings and does not become a court-appointed expert report simply by virtue of its title.
Is there a legal basis for this?
In civil proceedings, the court decides, in accordance with Section 286 of the Code of Civil Procedure (ZPO), having regard to the entire substance of the proceedings and the outcome of any taking of evidence, on the basis of its free assessment of the evidence, whether a factual assertion is to be regarded as true or false. A privately commissioned IT expert report does not prejudge this judicial assessment of the evidence.
Section 371 of the German Code of Civil Procedure (ZPO) applies to electronic documents. Where an electronic document forms part of evidence by inspection, such evidence is adduced by producing or transmitting the file. Section 371a of the ZPO contains specific rules on the evidential value of certain electronic documents, such as those bearing qualified electronic signatures. This specific evidential value does not automatically apply to ordinary chats, screenshots, photographs or other files.
Evidence from court-appointed experts is governed by sections 402 et seq. of the Code of Civil Procedure (ZPO). Under section 404 of the ZPO, the court hearing the case is responsible for selecting the experts to be called. An expert commissioned privately does not, therefore, become a court-appointed expert merely by virtue of being commissioned by a party.
Different procedural rules apply in criminal proceedings. Section 244 of the Code of Criminal Procedure (StPO) obliges the court, during the main hearing and subject to the statutory conditions, to ascertain the truth, and governs the taking of evidence and applications for evidence. A private technical report may be relevant from a technical perspective for the defence or for the victim’s representative, but it does not replace the state’s taking of evidence.
Section 31 of the Insurance Contract Act (VVG) may be relevant in the event of an insured event. Under this provision, once an insured event has occurred, the insurer may request the information necessary to determine the insured event or the extent of its obligation to pay benefits, and, subject to the statutory conditions, may also request supporting documents. Whether a particular claim exists is not a matter for IT forensics to decide.
LanCologne provides technical facts and a clear explanation of how they are derived. Process strategy, the assessment of evidence, insurance cover, criminal classification and other legal conclusions remain the preserve of lawyers, insurers, authorities and courts.

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LanCologne – IT Forensics for Private Individuals

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