Electronic Signature
Definition
Frequently asked questions
Does an electronic signature have the same value as a handwritten signature?
Yes, in principle. Article 1366 of the Civil Code gives electronic documents the same probative force as paper documents, provided that their author can be identified and the integrity of the document is guaranteed. Article 1367 extends this recognition to signatures. Only qualified signatures, however, benefit from automatic equivalence with handwritten signatures throughout the European Union.
What is the difference between electronic signature and digital signature?
Electronic signature is a legal concept: it designates any process by which a person manifests their consent to a digital document. Digital signature is a cryptographic technique, based on a pair of keys and a certificate, that guarantees the origin and integrity of a file. The latter is one of the means of achieving the former, particularly at advanced and qualified levels.
Can all documents be signed electronically?
Almost all. Commercial contracts, employment contracts, leases, quotes, powers of attorney or purchase orders can be concluded electronically. Article 1175 of the Civil Code nevertheless maintains exceptions for certain acts under private signature relating to family law and succession. Authentic acts are subject to their own regime, reserved for public officers.
How do you verify that an electronic signature is valid?
Verification covers three points: the document has not been modified since signing, the signatory's certificate was valid at the time of signing, and that certificate traces back to a recognized authority. A PDF reader displays these checks in its signatures panel. The evidence file accompanying the document completes the demonstration in case of dispute.
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