Sign a Contract Electronically: Value, Steps, Pitfalls

Signing a contract electronically is now as legal, recognised and enforceable as a handwritten signature — provided you follow a few simple rules derived from the European eIDAS regulation and the 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 quote, this guide explains concretely how to sign a contract electronically 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 handwritten signature, provided it identifies the signatory and guarantees the integrity of the document. The law of 13 March 2000 paved the way by introducing electronic signature into French law.

Can all contracts be signed electronically?

Yes for the vast majority: employment contracts, fixed-term contracts, NDAs, commercial agreements, residential leases and commercial leases, mandates, simple powers of attorney, quotes, purchase orders, general terms and conditions. A few limited exceptions: deeds under private signature relating to family law (marriage contract, civil partnership, gifts) and certain authentic acts (property sale with a 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 level of signature

The choice depends on the risk associated with the contract. For a contract with low to medium stakes (quote, purchase order, standard NDA, certificate): SES level (simple signature by clicking + email link) is sufficient. For a contract with high stakes (employment contract, lease, commercial contract worth five figures or more): choose AES with SMS OTP for more robust identification. For a regulated act (notary, lawyer subject to article 66-3-3, public contract above the threshold): QES is 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 format, 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 could invalidate the signature if the email belongs to a different person than the one named in the contract. For a multi-party contract, activate sequential mode (signatures one after another, each person sees previous signatures) rather than parallel, unless the signatories are completely independent. The audit trail will document the chronological order.

Step 4: Signature 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 — preserved for a minimum of 10 years for commercial acts (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 (undersized, AES minimum). Pitfall 5: deleting the audit trail after signature (without it, the proof is weakened). Certyneo automatically preserves all proof elements for 10 years.

Enforceability in case of dispute

A contract signed electronically 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 on certyneo.com/signup, upload your contract, add the signatories and send. You get a signed, compliant, enforceable and archived contract in a few minutes. For an employment contract, see our dedicated guide (/blog/signer-contrat-travail-electroniquement). To understand the legal value compared between electronic and handwritten signature, see our article (/blog/signature-electronique-vs-manuscrite-valeur-juridique).