Compliance
Definition
Frequently asked questions
What texts govern electronic signature in France?
Three levels overlap. The eIDAS European regulation defines the types of signature and their effects. The Civil Code, in articles 1366 and 1367, sets the value of written and electronic signatures, supplemented by the decree of 28 September 2017 on the presumption of reliability. The GDPR finally applies to personal data processed.
Does compliance depend on the business sector?
Yes. In addition to the common foundation, rules specific to each activity apply. Labour law governs the delivery of contracts and pay slips, real estate law imposes notices and annexes, the financial sector requires enhanced customer identification, and regulated professions follow the rules set by their governing bodies.
What are the risks in case of non-compliance?
The first risk is evidentiary: a poorly executed signature can be dismissed by the judge, and the commitment it was meant to establish becomes difficult to prove. Added to this are administrative penalties when personal data is poorly protected, with GDPR providing for fines that can reach twenty million euros or four percent of global turnover.
How to demonstrate compliance?
Through documentation. You must be able to justify the signature level chosen for each type of document, keep proof files, maintain a register of personal data processing activities, and ensure by contract the guarantees offered by the service provider. In case of inspection or dispute, these elements will be what is requested.
Related guides
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