La Signature Électronique dans le Code Civil - Tout Ce Que Vous Devez Savoir
Legal value of electronic signatures: what article 1367 of the French Civil Code says
In a ruling handed down on March 13, 2024, the French Supreme Court (Cour de cassation) ruled that the affixing of a signature in the form of a digitized image (scanned signature) could not benefit from the same legal regime as an electronic signature within the meaning of article 1367 of the French Civil Code.
Discussed in a dedicated article, this case law is the perfect opportunity to review the legal framework for electronic signatures, and to dissect the texts that make it up.
Because, admittedly, between the paragraphs here and the decrees there, it's easy to get lost.
In this article, we'll show you how to read between the lines ofart 1367 of the French Civil Code, understand how it relates to European law and (therefore) choose the right electronic signature solution.
French law and art 1367: key points to remember
Electronic documents have the same probative value as paper documents
This article 1366 which stipulates that it must be possible to duly identify the person from whom it emanates, and that it must be drawn up and preserved under conditions that guarantee its integrity.
Under the terms of this article, therefore, an electronic signature is legally admissible in the same way as a signature on paper. However, its legal value, and therefore its reliability, depends on the level of electronic signature.
The level of electronic signature refers to the distinction between simple, advanced and qualified signatures, as set out in the eIDAS regulation (the legal reference at European level). The three levels of signature (legal and/or financial) implied by the document in question.
Article 1367, when referring to electronic signatures, sets out the prerequisite of applying to an electronic writing, which must satisfy the conditions of article 1366. This article specifies that an electronic document has the same probative value as a paper document, provided that the person from whom it emanates can be duly identified, and that it is drawn up and stored in conditions that guarantee its integrity.
Moreover, article 1367 defines an electronic signature as "the use of a reliable identification process guaranteeing its link with the act to which it is attached".
This definition seems to meet the requirements of article 26 of the eIDAS regulation defining advanced signatures. However, this does not mean that the simple signature is not acceptable for the civil code.
Only qualified electronic signatures are presumed reliable
This alternative to handwritten signatures makes it possible to authenticate the identity of the signatory and guarantee the integrity of the associated documents. provided certain conditions are met.
This is what the article specifies as follows: " The reliability of this process is presumed, in the absence of proof to the contrary, when the electronic signature is created, the identity of the signatory is assured and the integrity of the document is guaranteed, under conditions laid down by decree in the Conseil d'Etat. "
Adopt and integrate an electronic signature tool that complies with regulations
In a context of widespread digitalization, electronic signature platforms are essential to streamline your document exchanges and protect you from litigation.
A solution like Lex Enterprise allows you to :
- Select the right level of security for your business needs
- Manage the 3 signature levels and avoid duplicating tools
- Generate detailed, highly secure proof files (thanks to a time-stamping and sealing system. This prevents falsification of the file itself), whatever the signature level chosen.
- Ensure easy integration of the tool with your existing information system, business processes and applications, thanks to our free API
- Choose a tool that is constantly on the lookout for new regulations and has labels and certifications confirming its reliability
Even though we've tried to be as educational as possible in this article, we're well aware of what's at stake: it's not easy to embark on the road to electronic signatures with equanimity, at a time when regulations are evolving (hello eIDAS V2) and legal subtleties continue to be refined by case law.
So to set up an electronic signature compliant electronic signature solution There's nothing like an expert, certified, trusted service provider. and peace of mind for you.
Créer un document avec signature électronique - Guide complet
"Signature électronique - Nouvelle Frontière pour les Actes de Cautionnement"
La Signature Électronique - Guide Complet pour les Fournisseurs
La Clé de la Signature Électronique dans le Marché Public