Published on : 17 March 20203 min reading time
In the beginning, commercial and business law only gave value to handwritten signatures. This had to change due to the development of e-commerce and now the legislators of French law also recognize the electronic signature as authentic. Indeed, the world is now turning to electronics. If you use PDF files, then there is nothing to stop you from using an electronic signature application to protect your agreements. However, an electronic signature is not something that can be done unexpectedly, it must follow a legal rule of use. What rule? The answer in this article.
The eIDAS Regulation
An electronic signature must be certified by the eIDAS regulations in order to be recognized in France. The eIDAS by definition is a legislation that governs the conditions of use of an electronic signature for member countries of the European Union. As a result, the service provider must comply with this regulation in order for the signature to be legally admissible. Only an application certified by the eIDAS can guarantee the security of the signatory. Provided there is literal proof such as a handwritten signature.
The value of an electronic signature in France
Since the 2000s, the value of an electronic signature in France has been placed in the same order of probative value as a handwritten signature. Article 1367 of the Civil Code admits that any electronic signature, simple or advanced, can be used to assert these rights in court. Except that it is reliability that differentiates them. In the case of a simple electronic signature, it is up to the signatory and the body that carried out the signature procedure to prove the reliability of the document. On the other hand, if the electronic signature is advanced, i.e. passed by a certified service provider, then the signature possess a presumption of reliability.
The advantages of an electronic signature
The electronic signature is now considered to be the safest way to sign a contract. This is because signed PDF documents are frozen. The electronic signature allows you to save time when concluding an agreement. It reduces the need for paperwork to be sent back and forth, makes storage easier and reduces the cost of paper purchases. It also has the advantage of being recognised by the European authorities. It is a very simple, all-in-one way of drawing up a contract at a distance or face-to-face. Moreover, there are legal applications for electronic signatures which are very easy to use.
What documents can I sign electronically in France?
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