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Is an electronic signature valid and enforceable? Yes and its probative force depends on the level of signature. This is what eIDAS and the Civil Code say, the probative force of each level and admissibility in court.
Yes. Article 25 of the eIDAS Regulation lays down a principle of non-discrimination: an electronic signature cannot be denied any legal effect or admissibility as evidence solely on the ground that it is in electronic form.
Article 1367 of the Civil Code specifies that an electronic signature consists of the use of a reliable identification method which guarantees its link with the document.
eIDAS defines three levels, each with different levels of evidence:
Admissible as evidence (Article 25 eIDAS) but not presumptuous: its value is freely assessed by the judge.
It is linked to the signatory, with authentication and audit trail.
The legal equivalent of the handwritten signature (Article 25 eIDAS) is the presumption of reliability under Article 1367 of the Civil Code: the burden of proof is reversed in the event of a dispute.
In practice, several principles govern the use of electronic signatures as evidence:
To maximise the strength of evidence, choose the appropriate level for the issue (AES for most contracts, QES for the most sensitive acts) and systematically keep the evidence file.With Certyneo, each signature comes with authentication, time stamping and a complete audit trail.
The signed document and its eIDAS evidence file are archived as evidence.In case of a dispute, you have objective evidence (identity, integrity, date) that supports the admissibility and strength of the evidence.
It cannot be refused legal effect or admissibility as evidence on the ground that it is electronic (Article 25 eIDAS), and electronic writing has the same probative force as paper under conditions (Article 1366 of the Civil Code).
Qualified Signature (QES): it is the legal equivalent of a handwritten signature and is presumed to be reliable (Article 1367 of the Civil Code).
For the SES and the AES, its value is assessed in relation to the reliability of the process (audit trace, timestamp); for the QES, a presumption of reliability applies.
For the qualified signature (QES), the presumption is in favour of the user, who must prove the reliability of the EIS and the AES, hence the importance of the eIDAS evidence file provided by Certyneo.
SES, AES, QES: the three levels of signature and the European framework.
Read the guideDefinition, operation and implementation: the complete guide.
Read the guideWhy a scanned signature is weak and what alternative to choose.
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