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Guidance on legal value

The handwritten signature scanned

Updated on the

Pasting the image of one's handwritten signature on a document is a common practice but its legal value is weak and easily disputed.

What's a scanned handwritten signature?

A scanned handwritten signature (or digitized signature ) is the image of your paper signature photographed or scanned that is inserted into a document, usually a PDF or Word file.

This is very different from an electronic signature within the meaning of the eIDAS Regulation, which is based on a technical process linking the signature to the signatory and ensuring the integrity of the document.

What legal value does a scanned signature have?

Under French law, electronic writing has the same evidentiary value as paper, provided that its author is reliably identified and the document is kept under conditions which guarantee its integrity (Article 1366 of the Civil Code).

A simple photo-paste does not satisfy either of these two conditions reliably: there is no proof that the person who signed it did so, and the image can be copied and reused on another document.

No reliable identification of the signatory: the image can be attached by anyone.
No guarantee of integrity: the document can be altered afterwards without trace.
Reusable: the signature image can be copied onto other documents.
No timestamp or audit trail: impossible to prove the date and context.
The burden of proof is negative: in case of dispute, it is up to you to prove the authenticity.

The real alternative is electronic signature .

The electronic signature (eIDAS) exactly solves the weaknesses of the scanned signature: it links the signature to the signatory via authentication (OTP e-mail/SMS), seals the integrity of the document and produces a timestamped audit trail all of which can be challenged in court.

Depending on the challenge, the appropriate level is chosen: simple (SES), advanced (AES, the recommended standard) or qualified (QES, the legal equivalent of handwritten signature).

Identification of the signatory by authentication (OTP by e-mail or SMS).
Document integrity guaranteed and verifiable after signature.
Time stamp and audit trail (identity, IP, date) opposed
Automatically generated eIDAS evidence file.
The eIDAS and Civil Code compliance (Articles 1366 and 1367).

How to switch from scanned to electronic signature

With Certyneo, you can replace the scanned image with a real electronic signature in minutes: import your PDF, place the signature fields, send the link to the signatories.

The signed document and its eIDAS evidence file are timestamped and archived, giving you robust evidence where the scanned signature left only a questionable image.

Frequently Asked Questions

Is a scanned signature legal?

It is not prohibited and may be used as a starting point for evidence, but its legal value is low: it does not guarantee the reliable identification of the signatory or the integrity of the document (Articles 1366 and 1367 of the Civil Code).

What's the difference between a scanned signature and an electronic signature?

A scanned signature is a simple image pasted onto a document.An electronic signature (eIDAS) is a process that links the signature to the signer, ensures the integrity of the document and produces a much more evidence-based time-stamped audit trail.

Is a scanned signature admissible in court ?

It is acceptable as evidence, but its probative power is weak: in the event of a dispute, it is up to the person using it to prove its authenticity.

Can I turn my scanned signature into an electronic signature?

Yes. Instead of pasting an image, you import your document into Certyneo and have it signed electronically: the signer authenticates, the document is sealed and time stamped, and an eIDAS evidence file is generated.

Replace the scanned signature with real evidence.

Switch to eIDAS compliant electronic signature with time stamped evidence file.

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