Electronic signature: what legal value in France?
Simple, advanced or qualified: what does French law say about electronic signatures? Discover the eIDAS levels, Article 1367 of the Civil Code and the conditions for solid evidence.
Electronic signatures have become standard practice in businesses, but their legal value often remains unclear. Between vendors' promises and European legislation, it is fair to ask: does a contract signed online have the same force as a contract signed with a pen? The answer is yes, under certain conditions. This article reviews the three levels of signature provided for by the eIDAS Regulation, what Article 1367 of the Civil Code says, and the elements that make evidence solid.
The three levels of electronic signature under eIDAS
The European eIDAS Regulation (No. 910/2014) defines three levels of electronic signature, with increasing technical requirements.
Simple electronic signature
The simple electronic signature (SES) is the most common. eIDAS defines it as data in electronic form which are attached to or logically associated with other data and which the signatory uses to sign. In practice, this means ticking a box, clicking a button, or drawing a gesture on a screen. No particular technology is required.
Advanced electronic signature
The advanced electronic signature (AES) must meet four requirements: be uniquely linked to the signatory, enable the signatory to be identified, be created using signature creation data that the signatory can use with a high level of confidence, and be linked to the signed data in such a way that any subsequent change can be detected. In practice, this often involves a digital certificate.
Qualified electronic signature
The qualified electronic signature (QES) is the highest level. It relies on a qualified certificate issued by a qualified trust service provider, and is created by a secure signature creation device. It enjoys a legal presumption of authenticity and integrity, and is equivalent to a handwritten signature throughout the European Union.
What Article 1367 of the Civil Code says
Under French law, Article 1367 of the Civil Code (introduced by Ordinance No. 2016-131 of 10 February 2016) provides that:
"The signature required for the perfection of a legal act identifies its author. It manifests his consent to the obligations arising from that act. When affixed by a public officer, it confers authenticity on the act."
It adds: "When it is electronic, it consists in the use of a reliable identification process guaranteeing its link with the act to which it is attached."
Thus, French law recognises the validity of electronic signatures, without requiring a particular level. The judge assesses the reliability of the process used.
Is a simple signature really enough?
In many cases, yes. A simple signature is valid for most ordinary contracts: quotes, purchase orders, service contracts, etc. No legal provision requires an advanced or qualified level for these acts.
However, certain acts require a more solemn form: notarial acts, private deeds subject to particular formalities, or contracts concluded by a consumer in certain sectors. For these cases, an advanced or qualified signature may be necessary.
The elements that make evidence solid
When a dispute arises, the burden of proof lies with the party relying on the contract. For a simple signature to be deemed reliable, it must be possible to demonstrate:
- Identification of the signatory: how did you verify that the person is indeed who they claim to be? Sending a code to an email address is a verification factor, but it is more or less robust depending on the context.
- Explicit consent: the signatory must have had the opportunity to read the document and to express their agreement clearly, for example by ticking a dedicated box.
- Integrity of the document: the signed document must not have been modified after signing. A timestamped hash can prove this.
- Timestamping: the date and time of the signature are important pieces of evidence, especially if a trusted third party certifies them.
How Sign-Hub strengthens the probative value of a simple signature
Sign-Hub offers a simple electronic signature, but with mechanisms that make it more robust:
- Email verification: the signatory receives a one-time code on their email address, which constitutes a first step of identification.
- Explicit consent: a mandatory checkbox before signing, and the signing action is recorded.
- Frozen hash: the document is hashed and this hash is included in the evidence file, so that any subsequent modification would be detected.
- Optional timestamping: via a third-party RFC 3161 authority, to certify the date.
- Verifiable evidence file: signed with an Ed25519 key whose public key is published. Anyone can verify proof.json independently, without trusting the vendor.
These elements do not turn the signature into an advanced signature, but they considerably strengthen its probative value in the event of a dispute.
Conclusion: choosing the right level of signature
In summary, a simple electronic signature does have legal value in France, provided it is implemented carefully. For low-risk contracts, it is perfectly suitable. For more sensitive acts, higher levels will be required.
Try Sign-Hub for free
You can test Sign-Hub without obligation: the Découverte plan includes 10 acts per month, free of charge. Create your first signature request in a few minutes and verify the robustness of the evidence file for yourself.