Legal validity of the electronic signature

Legal validity in a word

Legal validity in a wordThe electronic signature has been legally valid in France and throughout the European Union since 2000 (French law) and 2016 (eIDAS regulation). Its probative force depends on thelevel of signatureretained and thequality of the evidence

preserved.

The legal triptych to remember

1. Three texts structure legal validity in France:Three texts structure legal validity in France:
2. Article 1366 of the Civil Code ⬥⬥⬥: electronic writing has the same probative force as paper writing.Article 1367 of the Civil Code ⬥⬥⬥: the electronic signature is based on a reliable identification process guaranteeing its link with the act.
3. European eIDAS Regulation(n°910/2014): creates the three levels (SES, AES, QES) and the principle of non-discrimination.

The three conditions of validity

For a signature to be valid, it must satisfy three cumulative conditions:

• Identification of the signatory ⬥⬥⬥: we must be able to establish who signedIdentification of the signatory ⬥⬥⬥: we must be able to establish who signed
• Integrity of the document ⬥⬥⬥: no modification must have been made after signingInformed consent ⬥⬥⬥: the signatory must have been able to read the content
• Probative force according to the levelFor a qualified signature, the burden of proof is reversed: it is up to the signatory who contests to demonstrate the fraud. For SES/AES, the platform's audit trail weighs heavily in the decision.

See

the 3 levels in detail ⬥⬥⬥.

Documents coveredDocuments coveredAlmost all contractual documents: employment contracts, leases, mandates, agreements, NDAs, quotes, purchase orders, powers of attorney, memberships. Exclusions: certain authentic acts (notaries), civil status documents, holographic wills.

How to keep the proof

Keep the signed PDF in PAdES format, the full audit trail (IP, timestamp, authentication), qualified timestamps and respect the legal duration (10 years for commercial contracts). See

retention of signed documents ⬥⬥⬥.

Errors to avoidScanning a handwritten signature and pasting it on a PDF: it is not an eIDAS electronic signatureUsing a non-compliant tool: check that the service provider complies with eIDAS

Using a non-compliant tool: check that the service provider complies with eIDAS

• Losing the audit trail: without it, the proof is weakened
• Choose a unsuitable level: SES for a €50,000 employment contract is undersized
• Concrete case: contested commercial contract
• An SME sends a €30,000 contract signed in AES. Six months later, the customer disputes. The platform produces the precise timestamp, IP address, OTP log and document fingerprint. The commercial court considers these elements to be sufficient: the challenge is rejected.

How Certyneo helps you

Certyneo issues all its signatures in PAdES format with full audit trail, timestamp and 10-year archiving by default. You choose the level (SES or AES) document by document.

Discover the Certyneo electronic signature solution

Discover the Certyneo electronic signature solution

FAQ

Can a court refuse a simple signature?

No, not because it is simple. The judge assesses the reliability of the process.

What is the difference between validity and probative force?

Validity is the recognized legal character. Probative force is the weight of evidence in a court of law.

Do I need a notary?

No, except for authentic acts.

No, except for authentic acts.

How long to keep?

10 years for commercial contracts. 5 years after end for employment contracts.

Is a foreign signature valid in France?

In the EU: yes, mutual recognition of eIDAS.

Conclusion

The legal validity of the electronic signature is no longer up for debate in 2026. The real subject is the rigor of the process.

Try Certyneo to send, sign and track your documents online simply, quickly and securely.