Electronic & Digital Signatures in France

Legislation

As a Member State of the European Union (EU), France is governed by the Regulation 910/2014 of the European Parliament and the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market (eIDAS).

Besides the eIDAS Regulation, the French Civil Code is the main legal instrument for regulating electronic signatures in France. The same applies with the evaluation and certification of information technology (IT) products, devices, or systems that are used for creating electronic signatures. 

Electronic Signing of Documents in General

Under the eIDAS Regulation, as with other EU Member States, the actual difference between the three main types of electronic and digital signatures is the level of security required to authenticate the signees involved. 

Simple Electronic Signatures

This type of signature corresponds to the Level 1 in line with the eIDAS Regulation. A simple electronic signature, defined within the meaning of Regulation (EU) No 910/2014, is really data in an electronic format, which is attached or associated with other data in electronic form and which the signee makes use of to sign.

Advanced Electronic Signatures

The requirements of advanced electronic signatures are, according to Article 26 of the eIDAS Regulation:

• linked uniquely to the signee

• to verify the identity of the signee

• created through electronic signature data, which falls under the signee’s exclusive control

• linked to the data associated with the signature, so that any modification of the data after the fact is detectable

Qualified Electronic Signatures

The qualified electronic signature carries the highest level of security and must meet all the requirements set out in Articles 28 and 29 of the eIDAS Regulation (as specified in Annexes I and II of the eIDAS Regulation) as follows: 

• an indication (at a minimum in a format that is suitable for automated processing) of the issuance of a qualified certificate for the electronic signature

• data that is unambiguous in the way that it represents the qualified trust service provider that issues qualified certificates. This should include at a minimum: 

  • the EU Member State where the provider is established

  • in regards to a legal person, their name and, as and where necessary, their registration number as it is reflected in official records

  • in regards to a natural person, their name

• the name of the signee or their chosen pseudonym (in the case that they use a pseudonym, this should be clearly noted)  

• electronic signature validation information that matches up with the corresponding creation information 

• information about the start and end of the validity period of the certificate 

• the identity code of the certificate, which has to be unique to the qualified trust service provider 

• the advanced electronic signature or seal of the issuing qualified trust service provider

• where the certificate supporting this advanced electronic signature or seal can be made available at no cost  

• the location of the services to enquire about the validity of the qualified certificate

• in the case that the electronic signature creation data related to the validation data is located in a qualified electronic signature creation device, this should be appropriately noted, at a minimum, in a form that is suitable for automated processing

A qualified certificate is issued by a service provider that is authorized by the competent national authority, which, in France, is the Agence Nationale de la Sécurité des Systèmes d’Information (ANSSI).

Considerations Regarding Electronic & Digital Signatures in France

Electronic signatures in France carry the same legal value as a handwritten or wet signature. Even so, as outlined in Decree 2017-1416 of September 28, 2017, relating to electronic signatures, only a qualified electronic signature is the equivalent of a handwritten signature. In line with the framework of the public order, an advanced electronic signature meets these requirements. 

Documents considered valid with simple electronic signatures (SES) in France 

When it comes to electronic signatures, it is understood that the individual who signs a document electronically is the same individual who would have signed the very same document manually or by hand. In this case, the electronic signature replaces the handwritten signature. 

Any legal act that occurs between private individuals or stakeholders may be signed with a simple electronic signature. This could include activities as follows: 

• employment contracts

• bills

• purchase orders

• mandates and agreements of sales

• accounting documents

• authorizations

• acknowledgements of receipt
  

Documents considered valid with advanced electronic signatures (AES) in France

In France, documents that are considered valid when signed with an advanced electronic signature are as follows: 

• e-administration documents (including for public procurement) require a minimum of an advanced electronic signature, based on a qualified certificate 

• certain legal acts between private stakeholders (these could require either a simple or an advanced electronic signature). For signing documents like: 

  • dematerialized invoices

  • employment contracts 

  • real estate sales agreements

  • life insurance contracts

Documents considered valid with qualified electronic signatures (QES) in France

In France, qualified electronic signatures are usually reserved for very specific regulated business activities, where the evidence and information around the signature bears significant importance. These documents may include: 

• notarial acts (or anything that involves notarization), including: 

  • a deed that is signed by a notary

  • decisions that are ruled by judicial and commercial courts

• public contracts (from tender calls to invoicing) 

• documents/contracts for lawyers

• documents/contracts for banking institutions 

• documents/contracts for bailiffs

Documents that should only be signed with a wet signature in France

While French law does not dictate that any documents or contracts can’t be electronically signed or executed, the following documents may need to be signed manually in France: 

• those that create or transfer rights in immovable property 

• those related to family and inheritance law (including marriage certificates, wills, deeds, etc.) 

• those that relate to both personal and real guarantees, except when they are given by individuals who are acting for the purposes of trade, business, or profession 

Helpful Resources 

• HFW: Adopt the Electronic Signature in French Corporate Law

• EU: Access to European Union Law.

• Légifrance: Arrêté du 22 mars 2019 relatif à la signature électronique des contrats de la commande publique

• economie.gouv.fr: Signature électronique et certificats

• Agence nationale de la sécurité des systèmes d’information: La signature électronique dans le cadre des marchés publics

This page is intended to communicate general information and does not constitute legal advice. While we have made every effort to ensure that this information is both accurate and up to date, it may not necessarily represent the most recent version of the legal topics in question. No action should be taken based on the information provided herewith and Smallpdf and its employees disclaim all liability relating to any actions that are or are not taken in reliance upon this information to the fullest extent permitted by law. In the case of any questions or uncertainty regarding the legality of electronic and/or digital signatures in your country or area, please consult your local laws or a legal professional for advice.