eSignature Legality
in France

Apart from eIDAS, Chapter III of the French Civil Code is the primary legal document regulating electronic signatures in France.

Paramount Conditions

Identity, Integrity, and Reliability are three paramount conditions which provide sanctity to electronic signatures under French laws. An electronic document holds that same amount of legal validity and admissibility as evidence as that of a paper document provided that:

it identifies the person who has created such document;
The integrity of the document is maintained during and after its storage and creation; and
the electronic signature used is reliable and complies to the various conditions stipulated within the regulations of eIDAS and FCC.

Legal sanctity of electronic signatures and e-documents under French Laws

According to French law, contracts are valid, if both parties have agreed in a verbal, written, or electronic manner. Contracts are generally valid if legally competent parties enter into an agreement, regardless of their agreement being verbal, electronic, or recorded on paper (Articles 1109, 1172, and 1173 of the French Civil Code).
Further, any kind of electronic signature is admissible as evidence and shall be deemed reliable by a judge provided it passes through the litmus test of identity, integrity and reliability.
Decree N° 2017-1416, which was introduced on September 28, 2017, provides the presumption of reliability of an electronic signature process when the e-signature process uses a qualified electronic signature.

Local regulation governing the use of certificates for e-signatures in France :

eIDAS: consistent with eIDAS, which is directly applicable in France, QES can only be created using “qualified certificates for electronic signatures,” which may only be issued by qualified trust service providers. Additionally, eIDAS also looks over the application procedure for trust service providers to get the status of qualified trust service providers.

French regulation :In France, certificates are issued by the Agence Nationale de la Sécurité des Systèmes d'Information (ANSSI). It is the regulatory authority concerning services that issue qualified certificates for electronic signatures, electronic stamps, etc.

Use cases of electronic signature in France:

Commercial agreements
Purchase orders
Non-Disclosure Agreements (NDAs)
Invoices
Sales agreements
Order acknowledgments
Distribution agreements
Services agreements
Software license agreements
Copyright, patent, and trademark licenses
Employee invention agreements
Benefits paperwork
Privacy notices
Commercial and residential lease agreements
Consumer agreements
Service terms
Consumer credit agreements
Purchase orders
Shipment documents
Order confirmations
Software licenses
User manuals

The COVID-19 pandemic has radically changed our lifestyles and how one conducts business. Most non-essential companies have established completely remote work setups. This "new normal" has concentrated more attention on electronic means of transactions. The "new normal" in the age of Covid-19 proceeds to facilitate the use of eSignatures.

Documents that cannot be e-signed in France:

Promissory notes
Instruments transferring rights for the immovable property provided the presence of a notary is mandatory.
Documents concerning family and inheritance law like marriage certificates, wills, etc.
Personal and absolute guarantees (Exception: When they are given by entities acting for purposes of trade, business, or profession)

DISCLAIMER

Certinal is making available the information and materials in this article for informational purposes only and is meant to help companies understand eSignature’s application in a legal framework. Laws change rapidly, and Certinal makes every reasonable effort to keep the content of this article current; hence Certinal makes no claims or representations that the information contained in this article is true, accurate, correct, or current. The law is different from jurisdiction to jurisdiction, and even similar laws may be interpreted differently in different courts or other places. Since these factors differ according to individuals and businesses, Certinal is not liable for any consequence of any action taken by any third party relying on material/ information provided under this article. The contents hereof should not be construed as legal advice in any manner whatsoever. In cases you require any assistance, you must seek independent legal advice.

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eSignature Legality
in France

Paramount Conditions

Legal sanctity of electronic signatures and e-documents under French Laws

Local regulation governing the use of certificates for e-signatures in France :

Use cases of electronic signature in France:

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power of Certinal digital signatures?

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eSignature Legalityin France

Paramount Conditions

Legal sanctity of electronic signatures and e-documents under French Laws

Local regulation governing the use of certificates for e-signatures in France :

Use cases of electronic signature in France:

Intrigued by the power of Certinal digital signatures?

COMPANY

Compare

PRODUCTS

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eSignature Legality
in France

Intrigued by the
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