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Electronic signature (or e-signature) allows you to sign documents digitally with the same legal value as a handwritten signature. This guide explains how it works, the three levels defined by eIDAS regulation, its legal validity in France and Europe, and how to implement electronic signature in your organization.
A electronic signature is a set of data in electronic form, which are attached to or logically associated with other data in electronic form and which the signer uses to sign. This definition, from the eIDAS regulation (regulation (EU) No. 910/2014), covers a broad spectrum of technical mechanisms, from the simplest (checking a box, typing one's name) to the most sophisticated (qualified cryptographic certificate).
Under French law, article 1367 of the Civil Code states that "the signature necessary to perfect a legal act identifies the person who affixes it" and that, when it is electronic, it "consists in the use of a reliable identification process guaranteeing its link with the act to which it attaches". The reliability of the process is presumed for signatures qualified within the meaning of eIDAS.
In practice, an electronic signature performs three functions: it identifies the signer, it expresses their consent to the content of the document, and it guarantees the integrity of the document (any subsequent modification is detectable).
The terms are often confused. Electronic signature is the legal concept (what engages the signer). Digital signature is the underlying cryptographic technique (document hash, asymmetric encryption with private key) that can be used to implement an advanced or qualified electronic signature. Every digital signature is an electronic signature, but the reverse is not true.
The mechanism rests on two pillars: the authentication of the signer and the integrity of the document.
To authenticate the signer, one or more identification factors are used: a trusted email address (single-use link), an OTP code received by SMS, a personal cryptographic certificate, and so on. To guarantee integrity, a fingerprint (hash) of the document is calculated at the moment of signing. If the document is altered afterwards, the fingerprint no longer matches — and the signature is invalidated.
In solutions such as Certyneo, the process relies on PDF processing libraries that embed this cryptographic metadata directly into the file. A timestamped audit trail (action log) completes the set-up by recording every step: sending, opening, OTP validation, signing, and so on.
From a technical perspective, several security mechanisms strengthen the inviolability of the process: qualified timestamping (RFC 3161) appends certified time proof to each signature; TLS 1.3 encryption protects data in transit; the signer's geolocation and IP address are recorded for traceability; finally, in certain flows (AES/QES), behavioral biometric data (typing speed, pressure) complement the identity fingerprint.
The concept of non-repudiation is central: thanks to the timestamped and cryptographically signed audit trail, it is technically impossible for a signer to deny signing a document without falsifying the chain of evidence. Regarding archiving, French regulations (decree 2016-1673) impose 10-year retention for most commercial documents — Certyneo ensures this archiving with evidentiary value in sovereign hosting (EU).
The eIDAS regulation sets out a hierarchy of <linkGlossarySignatureLevel>three levels</linkGlossarySignatureLevel>. The higher the level, the stronger the identification requirements and the more robust the legal presumption.
Simple Electronic Signature
Examples
Web form, tick box, name typed on a keyboard
Typical use cases
Quotes, internal orders, low-risk documents
Certyneo
Available on every Certyneo plan
Advanced Electronic Signature
Examples
SMS + email OTP, strong signer authentication
Typical use cases
Employment contracts, NDAs, material commercial contracts
Certyneo
Standard and Business plans — dual-channel OTP (email + SMS)
Qualified Electronic Signature
Examples
QTSP certificate + secure signature-creation device
Typical use cases
Authentic acts, very-high-value contracts, public procurement
Certyneo
Via partner QTSP on request — native integration in roadmap
| Criterion | SES — Simple | AES — Advanced | QES — Qualified |
|---|---|---|---|
| Signer identification | Email only | OTP SMS + email | QTSP + QSCD Certificate |
| Document Integrity | Basic | Cryptographic (hash) | Cryptographic (hash) |
| Qualified Certificate Required | No | No | Yes (eIDAS provider) |
| Presumption of Handwritten Equivalence | No | Partial | Full (art. 25 eIDAS) |
| Burden of Proof Reversal | No | No | Yes (in favor of signer) |
| Typical Use Cases | Quotes, orders | HR contracts, NDA, employment agreements | Authentic deeds, public procurement |
| Certyneo Availability | All plans | Standard and Business | Via partner QTSP |
Key legal point — burden of proof reversal: For QES only, article 25 of eIDAS regulation establishes a legal presumption of equivalence with handwritten signature. In the event of a dispute, it is up to the challenger to prove that the signature is invalid — not the signer to prove its validity. This reversal is a considerable advantage in contractual disputes.
In France, electronic signatures have been recognised since Law No 2000-230 of 13 March 2000, which amended the Civil Code to put electronic writing and electronic signatures on the same footing as their paper counterparts. Article 1366 specifies that electronic writing “has the same probative value as writing on paper”.
At the European level, the eIDAS regulation (EU) No. 910/2014 creates a unified legal framework for electronic signatures. Its article 25 sets out the principle of non-discrimination: "an electronic signature shall not be denied legal effect and admissibility as evidence in legal proceedings solely on the grounds that it is in electronic form". Qualified signatures (QES) also benefit from a legal presumption equivalent to a handwritten signature in all 27 Member States.
For standard documents (commercial contracts, employment contracts, quotes, NDAs, mandates), an advanced signature (AES) offers an excellent balance between ease of use and legal security. Qualified signature (QES) is reserved for high-value acts or situations where sectoral regulations explicitly require it.
To ensure a provider's compliance, ANSSI publishes the French Trust List (TSL — Trust Service List) of qualified providers authorized to issue QES certificates. At the European level, each Member State publishes its own TSL, all accessible via the official European Commission portal (eidas.ec.europa.eu). Certyneo is ISO 27001 certified and hosts its data in the EU (Germany).
Beyond legality, electronic signatures fundamentally reshape contractual and administrative processes.
A contract that used to take five days (printing, postal dispatch, return) is finalised within hours. Automatic reminders eliminate manual follow-ups.
The timestamped audit trail, TLS 1.3 encryption and dual-channel OTP provide a higher level of proof than paper against forgery or repudiation.
eIDAS compliance and article 1367 of the Civil Code. Signed documents have the same probative force as a handwritten signature and are admissible in French courts.
Elimination of printing, postage, physical archiving and manual handling costs. Return on investment is typically achieved in under three months.
Every step of the document lifecycle is recorded. You know exactly who opened, read and signed, at what time and from which IP address.
Data hosted in the European Union (European Union), documented retention periods, rights of access and erasure. GDPR compliance is included by default.
Almost all contracts and legal documents can be electronically signed. A few exceptions remain (notarial deeds, holographic wills) but they concern less than 5% of common commercial documents.
Even if legally recognized, an electronic signature can be challenged if poorly implemented. Here are the most frequent pitfalls encountered in business.
Signing an employment contract or asset transfer deed with a SES (simple click) exposes the employer to contestation risk. Rule: any contract worth > €1,500 or with significant HR consequences must use at minimum an AES with SMS OTP.
The signed document is only part of the evidence. The audit trail — which documents each step (sending, opening, OTP validated, time, IP) — is the cornerstone in case of dispute. Without it, it is impossible to reconstruct the chain of events before a judge.
Biometric and identification data of signers are sensitive personal data. Your service provider must absolutely host data in the European Union and have a DPA (Data Processing Agreement) compliant with GDPR. Be wary of American solutions without EU hosting.
Scanning your handwritten signature and inserting it into a PDF has no legal value under eIDAS regulation. A true electronic signature is based on cryptographic mechanisms for integrity and authentication — not an image.
Decree 2016-1673 requires retention of signature evidence for the entire legal lifetime of the contract (10 years for commercial documents, 5 years for employment contracts). Your solution must guarantee archiving with probative value, not just standard cloud storage.
With Certyneo, you can send your first document for signature in under five minutes.
Sign up to Certyneo in seconds with your email or via Google/Microsoft. No credit card required to get started.
Import your PDF or Word file. Certyneo automatically converts Word files into a PDF optimised for signing.
Enter the name and email of each signer. Set the signing order where needed and place the signature fields on the document.
A secure email is sent to each signer with a unique link. For an advanced signature, the signer also receives an OTP by SMS.
From your dashboard, track the status of each envelope: sent, opened, signed or declined. Automatic reminders chase up inactive signers.
Once every signer has signed, the final PDF (with an embedded audit footer) is automatically archived for ten years and available at any time.
An electronic signature is a technical process allowing you to identify the author of a digital document and guarantee the integrity of that document. It is the legal equivalent of a handwritten signature under eIDAS regulation (EU) No. 910/2014 and article 1367 of the French Civil Code.
Yes. Electronic signature has been legally recognized in France since the law of 13 March 2000 (article 1367 of the Civil Code) and throughout the European Union thanks to eIDAS regulation. It has the same legal value as a handwritten signature provided that the conditions for signer identification and document integrity are met.
eIDAS defines three levels. Simple signature (SES) corresponds to the basic level: click, check a box or enter your name. Advanced signature (AES) requires signer identification (OTP SMS/email, for example) and a unique link with the document. Qualified signature (QES) further requires a certificate issued by a qualified trust service provider (QTSP) and a secure signature creation device — it offers the strongest legal presumption.
Almost every contractual and commercial document can be signed electronically: employment contracts, quotes and purchase orders, NDAs, service agreements, amendments, mandates, agreements and deeds of assignment. Certain authentic acts (notarised acts, civil-status documents) are subject to specific conditions.
With Certyneo, the sender uploads their PDF, adds the signers and sets the fields. Each signer receives a secure link by email. For an advanced signature (AES), a dual email + SMS OTP (OTP SMS) authenticates the signer. The final PDF embeds a timestamped audit footer and is archived for ten years.
Yes. eIDAS regulation has direct application in all 27 Member States of the European Union. A qualified signature issued in one Member State is recognized in all other Member States. Simple and advanced signatures also have probative value but may be subject to judicial appraisal.
Certyneo offers a free plan (5 envelopes/month), a Personal plan at 9 €/month, a Standard plan at 19 €/month and a Business plan at 39 €/month (Business) or 99 €/month (Business Pro). Advanced eIDAS signature (AES) is available from the Personal plan (9 €/month).
The audit trail is a timestamped log of every action taken on an envelope: sending, opening, viewing, signing, refusal, expiry. It evidences the chronology of events and strengthens the probative value of the signed document in the event of a dispute.
Yes, an eIDAS-compliant electronic signature is technically safer than a handwritten signature. It combines: (1) signer identification by OTP SMS or certificate, (2) cryptographic fingerprint (SHA-256 hash) of the document — any post-signature modification immediately invalidates the signature, (3) qualified timestamping certifying the exact time, (4) signed and encrypted audit trail preserving complete history. None of these protections exist for a paper signature.
The duration depends on the document type: 10 years for commercial contracts (art. L.110-4 French Commercial Code), 5 years for employment contracts, 30 years for real estate documents. Decree 2016-1673 requires that archiving be performed under conditions guaranteeing document integrity and readability. Certyneo ensures this archiving with probative value hosted in the European Union.
Non-repudiation is the legal and technical property that prevents a signer from denying having affixed their signature. It is guaranteed by the combination of: the timestamped and cryptographically signed audit trail, the OTP sent to the signer''s phone number (proof of possession), and the unique fingerprint of the document. In the event of legal dispute, non-repudiation constitutes a strong presumption in favor of the signature beneficiary.
For a reliable and compliant solution, verify: eIDAS qualification (ANSSI trust list for QES), ISO 27001 certification (information security), GDPR compliance with EU hosting, HDS compliance if you process health data, and ideally ANSSI's SecNumCloud qualification for cloud-hosted solutions. Certyneo hosts all its data in Germany (EU).
Certyneo Legal Team
Electronic signature and contract law experts
This guide is written and maintained by Certyneo's legal and technical team, specializing in electronic contract law, eIDAS compliance and data protection (GDPR). Each article is reviewed quarterly to reflect the latest regulatory developments.
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