HDS Compliance for Health Data: Guide for Associations and NGOs
Associations and NGOs handling health data are subject to the HDS framework, often poorly understood in this sector. Discover the real obligations and steps to achieve compliance.
9 min
Associations under the 1901 Act & public interest organizations
Electronic signature for associations under the 1901 Act
By-laws, general assembly minutes, partnership agreements, prefecture declarations, mandates: dematerialize all documents signed by your association with eIDAS level of proof. Compliant with the Act of July 1, 1901, the Decree of August 16, 1901, Act 2014-856 (administration/association relations) and eIDAS regulation. Compatible with the e-creation service from service-public.fr.
Use cases in associations under the 1901 Act
All contractual and institutional documents of an association can be electronically signed, from the declaration of creation to multi-year objective agreements.
By-laws of association under the 1901 Act
Founding document signed by founding members at the constitutive assembly. Compatible with prefecture declaration via the e-creation service from service-public.fr.
Minutes of general assembly (ordinary/extraordinary)
Ordinary general assembly minutes (approval of annual accounts, board renewal) or extraordinary (by-law modification, dissolution). Multi-signer signature (president, secretary, treasurer).
Partnership / sponsorship agreement
Agreements with local authorities, foundations, companies (multi-year objective agreements, sponsorship). Compliant with Act 2014-856 and art. 9-1 et seq.
Declaration of modification (prefecture)
By-law modifications (purpose, name, headquarters, management) to be declared at the prefecture within 3 months (art. 5 of the 1901 Act). The e-creation service accepts the dematerialized format.
Representation / delegation mandate
Mandates given by the board to territorial delegates, local branches, employees or volunteers to commit the association. Advanced signature to precisely identify the mandator and the scope of the mandate.
Service contracts, leases, volunteer hiring
Service provider agreements, headquarters accommodation leases, volunteer engagement contracts, employee contracts (association permanent/fixed-term contracts).
Why Certyneo for an association
Six guarantees tailored to the institutional, accounting and declarative requirements of associations under the 1901 Act.
Strong identification of signers
OTP SMS + email verification of managers (president, treasurer, secretary). Qualified timestamping, SHA-256 fingerprint. Compatible with prefecture audit requirements.
Opposable audit trail
Each envelope produces a signature certificate: OTP identity, IP, qualified timestamp, SHA-256 hash in the signed PDF. Admissible before the court in case of internal dispute (managers vs members).
Free plan for small associations
5 free envelopes/month — sufficient for 80% of volunteer associations. No credit card required. Paid plans start at a rate compatible with an association budget.
Long-term archiving included
10-year storage with evidential value included. Compliant with accounting requirements for associations receiving public subsidies (art. L1611-4 CGCT, control by the accounting judge).
eIDAS compliant — advanced level (AES)
Advanced signature compliant with regulation (EU) n°910/2014. Accepted by prefectures via the e-creation service, by foundations and local authorities for signing multi-year objective agreements.
Multi-signers (president, board, general assembly)
Our flow handles sequential signatures (president first, then board) or parallel signatures (all members present at the assembly). Compatible with assemblies of more than 100 members.
Evidential value in the association environment
An association under the 1901 Act faces several evidentiary challenges: demonstrating the conformity of the prefecture declaration, proving the regularity of an assembly in case of internal dispute, justifying the use of subsidies to the accounting judge or the local authority.
Certyneo delivers for each signature an audit certificate embedded in the PDF, which compiles technical evidence:
- Identity of signers (email + phone number verified by OTP)
- Qualified timestamp of each action (notice, signature, filing)
- SHA-256 cryptographic fingerprint of the signed document
- IP and rough geolocation of signers at the time of signature
- Detailed log of reminders and notifications (proof of notice)
This set of evidence meets the requirements of art. 1366 of the Civil Code and is accepted by prefectures via the e-creation service. For associations receiving public subsidies, the audit trail facilitates the control of fund use by the accounting judge.
Compliance with 1901 Act, 2014-856 Act and eIDAS
Certyneo falls within the legal framework applicable to the association sector.
Act of July 1, 1901 — art. 5
Every association must be declared at the prefecture of its headquarters' department. Art. 5 requires declaration of by-law modifications within 3 months. The e-creation service accepts electronic signatures.
Act n° 2014-856 — administration/association relations
Art. 9-1 governs the multi-year objective agreement (CPO) between an association and a local authority. Certyneo's advanced signature + qualified timestamp make the CPO enforceable and facilitate control of subsidy use.
Monetary and Financial Code — art. L612-4 (>153k€ subsidies)
Associations receiving more than 153,000 € in subsidies must appoint a statutory auditor and publish their accounts. Electronic signature of general assembly minutes approving accounts facilitates compliance.
Article 1366 of the Civil Code & eIDAS regulation
Electronic documents have the same evidential force as paper documents. Certyneo's advanced signature (AES) satisfies the requirements under regulation (EU) n°910/2014.
Frequently asked questions about associations
Can association by-laws be signed electronically?
Yes, without restriction. The Act of July 1, 1901 does not require handwritten signatures on by-laws. Art. 1366 of the Civil Code recognizes electronic documents as having the same evidential force as paper documents. Certyneo's advanced signature (AES) is accepted by prefectures via the e-creation service from service-public.fr.
Does the prefecture accept electronically signed declarations?
Yes — the e-creation service (service-public.fr/associations) accepts upload of electronically signed documents. For associations preferring paper format, the signature can also be printed and sent by mail (prefectures continue to accept both formats).
Can an association general assembly be held remotely?
Yes — Ordinance n° 2020-321 of March 25, 2020 (made permanent) permits association assemblies to be held remotely or in hybrid format with voting by mail or videoconference. Electronic signature of minutes by the board (president, secretary) is permitted.
What signature level is required for by-laws?
Advanced signature (AES) recommended. It provides the presumption of reliability (art. 1367 Civil Code) and satisfies prefecture requirements. SES is insufficient for associations with financial stakes (subsidies >23k€).
Can a multi-year objective agreement (CPO) with a local authority be electronically signed?
Yes. Act 2014-856 does not require handwritten signatures. The practice of large local authorities (regions, metropolitan areas) increasingly accepts advanced signatures to reduce delays. Check with your partner local authority for their specific acceptance.
How long must by-laws and minutes be kept?
For the entire life of the association + 10 years after dissolution. For associations receiving public subsidies, keep supporting documents for 10 years showing use of funds (art. L1611-4 CGCT). Certyneo archives automatically.
Can the statutory auditor sign the annual accounts electronically?
Yes — art. L823-12-1 of the Commercial Code permits electronic signature of auditor attestations and reports. For associations >153k€ in subsidies, this has been common practice since 2024.
How much does electronic signature cost for an association?
Permanent free plan (5 envelopes/month) — sufficient for most small volunteer associations. Paid plans start at a rate compatible with an association budget. 10-year archiving included in all plans.