- Can a fee agreement be signed electronically?
- Yes, without difficulty. Article 10 of the law of December 31, 1971 as amended by the Macron law requires written form but prescribes no specific format. Certyneo's advanced signature (AES) satisfies the probative requirement with the advantage of precisely timestamping the conclusion before the service begins.
- What is an electronic lawyer's deed and why is it interesting?
- The lawyer's deed (art. 66-3-1 to 66-3-3 law 1971) is a private deed countersigned by a lawyer. It benefits from enhanced probative force (exemption from the handwriting verification procedure), exemption from handwritten mention for the client, and facilitates forced execution. For the firm, it's a tangible added value that can be invoiced.
- Is the handwritten mention (security, acknowledgement of debt) really exempted?
- Yes — article 66-3-3 exempts the client from any handwritten mention normally required by law. The lawyer's countersign replaces this mention. This is one of the main advantages of the lawyer's deed for remote signature.
- How to respect professional secrecy?
- Certyneo applique chiffrement TLS 1.3 en transit + AES-256 au repos, isolation stricte par cabinet, hébergement 100 % UE (Allemagne, IONOS) sans sous-traitance hors UE. DPA conforme GDPR intégrant les clauses spécifiques au secret professionnel de l'art. 66-5 loi 1971.
- How long must deeds be kept?
- Minimum 10 years, by alignment with the civil prescription period (art. 2224 Civil Code). For deeds related to assets or successions, longer retention is recommended. Certyneo archives for 10 years included, extension available.