Electronically Sign a Contract: Value, Steps, Pitfalls

Electronically signing a contract is now just as legal, recognised and enforceable as a handwritten signature — provided you follow a few simple rules derived from the European eIDAS regulation and French Civil Code. Whether you're a startup signing your first remote employment contracts, a consulting firm managing international NDAs, or a merchant sending a quotation, this guide explains in practical terms how to electronically sign a contract in 2026, what legal value it produces, and what common pitfalls to avoid.

The legal framework in one minute

Electronic signature of a contract is based on three fundamental texts. The European eIDAS regulation (EU No 910/2014) defines three levels: simple (SES), advanced (AES) and qualified (QES). Article 1367 of the French Civil Code recognises electronic signature as a means of proof equivalent to a handwritten signature, provided it identifies the signatory and guarantees the integrity of the document. The Law of 13 March 2000 opened the way by introducing electronic signature into French law.

Can all contracts be electronically signed?

Yes, for the vast majority: employment contracts, fixed-term contracts, NDAs, commercial agreements, residential leases and commercial leases, mandates, simple powers of attorney, quotations, purchase orders, terms and conditions. A few limited exceptions: deeds under private hand relating to family law (marriage contract, civil partnership, gifts) and certain authentic deeds (property sale at the notary) which require either a qualified signature (QES) or physical presence. In case of doubt, consult Article 1175 of the Civil Code.

Step 1: Choose the right signature level

The choice depends on the risk associated with the contract. For a contract with low to medium risk (quotation, purchase order, standard NDA, certificate): the SES level (simple signature by click + email link) is sufficient. For a contract with high risk (employment contract, lease, commercial contract worth 5 figures or more): opt for AES with SMS OTP for more robust identification. For a regulated deed (notary, lawyer subject to Article 66-3-3, public contract above the threshold): QES mandatory.

Step 2: Prepare the document

Ensure the contract is finalised (no clause to negotiate) and in PDF format. Avoid editable formats (Word) sent for signing: any modification after signature invalidates the proof of integrity. Ideal: convert to PDF/A (ISO 19005 standard, optimised for archiving) before sending. Certyneo does this automatically on upload.

Step 3: Precisely identify signatories

Enter the name AND email of each signatory. Double-check this information: an email error can invalidate the signature if the email belongs to a person other than the one named in the contract. For a multi-party contract, activate sequential mode (signing one after another, each person sees previous signatures) rather than parallel mode, unless the signatories are completely independent. The audit trail will document the chronological order.

Step 4: Signing and proof

Each signatory receives an email with a personal link, views the document in full screen, accepts the platform's terms of use, then validates (in AES mode, enters their OTP received by SMS). The final PDF incorporates a digital certificate, a SHA-256 fingerprint, a certified timestamp, and an audit trail listing each action. These 4 elements constitute your enforceable proof — retained for a minimum of 10 years for commercial deeds (Article L. 123-22 of the Commercial Code).

The 5 pitfalls to avoid

Pitfall 1: using a scanned image of a signature (no value). Pitfall 2: sending a Word document instead of a PDF (editable afterwards). Pitfall 3: not verifying the signatory's email (risk of receipt by a third party). Pitfall 4: choosing SES level for a commercial lease worth £200k/year (under-sized, AES minimum). Pitfall 5: deleting the audit trail after signature (without it, the proof is weakened). Certyneo automatically retains all proof elements for 10 years.

Enforceability in case of dispute

A contract electronically signed at AES or QES level is accepted by French and European courts. In case of dispute, the party relying on it must produce: the signed PDF, the audit trail (separate PDF certificate), the metadata (IP, timestamp, user agent). The judge assesses the reliability of the procedure. For QES, it is up to the party contesting to prove non-validity (legal presumption of reliability, decree 2017-1416).

Sign your first contract with Certyneo

Create a free account at certyneo.com/signup, upload your contract, add the signatories and send. You get a signed, compliant, enforceable and archived contract within minutes. For an employment contract, see our dedicated guide (/blog/signer-contrat-travail-electroniquement). To understand the legal value comparison between electronic and handwritten signatures, see our article (/blog/signature-electronique-vs-manuscrite-valeur-juridique).