Quotes, service contracts, leases, employment contracts: remote signing has become commonplace, even in the smallest businesses. One question remains for many business owners and individuals: is a signature made online worth as much as one in ink, and do you need to pay for a “qualified” service to be covered? The answer lies in three texts: the French Civil Code, a 2017 decree and the European eIDAS regulation.
What the law says: the same value, under conditions
Article 1367 of the Civil Code, in the version in force since 1 October 2016, lays down the principle: the signature required for a legal act identifies its author and expresses their consent to the obligations arising from the act. In electronic form, it relies on a reliable identification process that guarantees the signature’s link to the act.
The same article provides for a presumption: the process is presumed reliable, until proven otherwise, when the creation of the signature, the identification of the signatory and the guarantee of the act’s integrity meet the conditions to be set by a decree of the Conseil d’État. Article 1366 completes the framework: an electronic document has the same evidential value as a paper document, provided that the person from whom it originates can be identified and that it is drawn up and stored in a way that guarantees its integrity.
Decree No. 2017-1416 of 28 September 2017 specifies which signature benefits from this presumption: the qualified electronic signature, that is, an advanced signature compliant with Article 26 of Regulation (EU) No 910/2014, known as eIDAS, created with a qualified device and based on a qualified certificate.
Simple, advanced, qualified: the three levels
- The simple signature: for example a signature drawn on a tablet or a code received by email or text message, according to Docusign. It cannot be rejected as evidence solely because it is electronic, but in the event of a dispute, it is up to the party relying on it to prove its reliability.
- The advanced signature: it adds guarantees about the signatory’s identity, for example sending a code by text message to a number linked to the signatory’s identity, or checking a copy of an identity document, according to the examples given by Docusign. As with the simple signature, it is up to the party relying on it to prove its reliability.
- The qualified signature: an advanced signature produced with a qualified device and a qualified certificate issued by a qualified provider. It is the only one presumed reliable under the 2017 decree: in the event of a challenge, it is up to the other party to prove that it is not.
In practice, Docusign classifies uses by level of risk: the simple or advanced signature for low- or medium-risk documents, such as employment or commercial contracts and internal policies, and the qualified signature, recommended, for high-risk or regulated documents, for example a credit agreement or a life insurance contract. These guidelines come from a software vendor: they help you get your bearings but are no substitute for analysing each contract.
Documents that cannot be signed online
Article 1174 of the Civil Code states that, when a written document is required for a contract to be valid, it may be drawn up and stored in electronic form. A handwritten statement required from the person undertaking the obligation may also be affixed electronically, if the process guarantees that only that person can do so. Article 1177 adds that a requirement to send several copies is deemed satisfied electronically, if the recipient can print the document.
Article 1175, in the version in force since 1 January 2022, sets out the exception: private deeds relating to family law and inheritance cannot take electronic form. The only exceptions to this exclusion are agreements countersigned by lawyers in the presence of the parties and then filed with a notary, who records them among their deeds, under Articles 229-1 to 229-4 or 298, such as an agreement for divorce by mutual consent.
How to sign a document electronically, step by step
- Assess what is at stake in the document: amount, duration, risk of dispute. The higher the stakes, the higher the signature level should be.
- Check that no rule prohibits it: a private deed relating to family law or inheritance remains on paper, except for the exception provided for in Article 1175.
- Choose a provider that clearly states the level (simple, advanced or qualified) within the meaning of the eIDAS regulation and, for a qualified signature, that relies on a qualified certificate issued by a qualified provider.
- Identify the signatories correctly: exact email address, phone number for the confirmation code, identity document if the level requires it.
- Keep the evidence file. According to Docusign, the evidence file associated with the signature notably brings together the integrity of the document, the timestamp and the signatory’s identity. It is this file that will make it possible to meet the storage requirement of Article 1366.
- Archive the signed document in a secure, backed-up location, without modifying it: any alteration after signing weakens the proof of its integrity.
Frequently asked questions
Is a scanned signature pasted into a PDF an electronic signature?
An image of a signature does not on its own guarantee either the signatory’s identity or the integrity of the document, two conditions laid down by Articles 1366 and 1367. In the event of a dispute, its value will depend on the other evidence available.
Is a simple signature enough for a quote?
It is admissible as evidence, but without a presumption of reliability. Docusign lists it among the options suited to low- or medium-risk documents; for an important contract, only the qualified signature shifts the burden of proof.
Can a will be signed online?
Not as an electronic private deed: Article 1175 excludes deeds relating to inheritance law. For any question about a deed of this kind, a notary is the right person to consult.
Is a French qualified signature recognised elsewhere in Europe?
Yes, the eIDAS regulation is European, and Docusign states that the qualified signature is recognised throughout the Union. For a specific case, legal advice is still recommended.
Sources
- Civil Code, Article 1367 — Légifrance, 2016-10-01
- Decree No. 2017-1416 of 28 September 2017 on electronic signatures — Légifrance, 2017-09-30
- Civil Code, Articles 1174 to 1177: contracts concluded electronically — Légifrance, 2022-01-01
- Legality of electronic signatures — Docusign, 2023-09-01
- Civil Code, Article 1366 — Légifrance, 2016-10-01