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Certyneo
Glossary term · C

Electronic contract

Definition

An electronic contract is any agreement of will formed by digital means, governed in France by articles 1366 to 1368 of the Civil Code and the LCEN. Unlike simple online ordering, an electronic contract involves a multi-step procedure: offer, pre-contractual information, explicit acceptance ("click to accept" or electronic signature), then evidentiary preservation for the legal duration. Evidentiary value is strengthened by adding: an advanced signature (AES) or qualified (QES), a qualified timestamp, capture of consent and the signer''s IP address. The eIDAS 2 regulation extends these requirements to cross-border contracts within the EU through the European Digital Identity Wallet.

Frequently asked questions

What is an online contract?

An online contract (or electronic contract) is a contract concluded digitally, without paper: the parties review and sign it from a computer or a mobile. In the EU, the eIDAS regulation gives it the same legal standing as a paper document, provided the signer can be identified and the integrity of the document is guaranteed.

How do I create a contract online?

Three routes: start from a ready-made contract template, draft the document in your usual tool and import it as a PDF, or use a contract generator that assembles the clauses from your answers. Once the document is ready, add the signers and the signature fields, then send it for electronic signature.

Does a contract signed online have the same value as a paper contract?

Yes. The eIDAS regulation (art. 25) and, in France, articles 1366 and 1367 of the Civil Code give the electronic contract the same legal value as paper. In a dispute, a contract signed electronically with an audit trail, timestamping and integrity sealing is often more robust than a paper signed without witnesses. Only a few deeds remain subject to special forms, such as notarial authentic acts.

Ready to put these concepts into practice?

Certyneo allows you to create signature envelopes compliant with eIDAS in just a few clicks, without installation.