Legal validity of the electronic signature

The validity of the electronic signature in France has been legally established since the law of March 13, 2000 which introduced into the Civil Code article 1366 (equivalence between electronic writing and paper) and article 1367 (equivalence between a compliant electronic signature and a handwritten signature). The European eIDAS regulation, applicable since 2016 and strengthened by eIDAS 2.0 in 2024, confirms and harmonizes this framework across all Member States. No French case law has called this validity into question since then — labour courts, civil courts and courts of appeal unanimously accept the electronic signature as evidence, provided four conditions are met. Here is how they work together in practice.

Legal validity in a nutshell

The electronic signature has been legally valid in France and throughout the European Union since 2000 (French law) and 2016 (eIDAS regulation). Its evidential value depends on the signature level chosen and the quality of the evidence retained.

The legal trio to remember

Three texts structure legal validity in France:

1. Article 1366 of the Civil Code: electronic writing has the same evidential value as paper writing.
2. Article 1367 of the Civil Code: the electronic signature relies on a reliable identification process guaranteeing its link with the document.
3. European eIDAS regulation (No. 910/2014): creates the three levels (SES, AES, QES) and the principle of non-discrimination.

The three conditions for validity

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

• Identification of the signer: it must be possible to establish who signed
• Integrity of the document: no modification must have been made after signing
• Informed consent: the signer must have been able to review the content

Evidential value by level

For a qualified signature, the burden of proof is reversed: it is up to the signer contesting it to prove fraud. For SES/AES, the platform's audit trail weighs heavily in the decision.

See the 3 levels in detail.

Documents covered

Almost all contractual documents: employment contracts, leases, mandates, agreements, NDAs, quotes, purchase orders, powers of attorney, memberships. Exclusions: certain notarial deeds, civil status records, holographic wills.

How to retain proof

Keep the signed PDF in PAdES format, the complete audit trail (IP address, timestamp, authentication), qualified timestamps, and comply with the legal retention period (10 years for commercial contracts). See retention of signed documents.

Mistakes to avoid

• Scanning a handwritten signature and pasting it onto a PDF: this is not an eIDAS-compliant electronic signature
• Using a non-compliant tool: check that the provider complies with eIDAS
• Losing the audit trail: without it, the evidence is weakened
• Choosing an unsuitable level: SES for a €50,000 employment contract is undersized

Real case: disputed commercial contract

An SME sends a €30,000 contract signed with AES. Six months later, the client disputes it. The platform produces the precise timestamp, the IP address, the OTP log and the document's fingerprint. The commercial court considers these elements sufficient: the dispute is dismissed.

How Certyneo helps you

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

Discover Certyneo's electronic signature solution

FAQ

Can a court refuse a simple signature?

No, not on the grounds that it is simple. The judge assesses the reliability of the process.

What is the difference between validity and evidential value?

Validity is the recognized legal character. Evidential value is the weight of the proof before a court.

Is a notary required?

No, except for notarial deeds.

How long should documents be retained?

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

Is a foreign signature valid in France?

Within the EU: yes, mutual recognition under eIDAS.

Conclusion

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

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