France, with its deep-rooted Civil Law tradition, has fully embraced electronic signatures as a valid and reliable means of expressing consent. The legal status of electronic signatures in France is robust, clear, and standardized across the European Union. The French legal position is governed by two primary sources: the eIDAS Regulation (EU Regulation No. 910/2014) and the French Civil Code.
The French Civil Code establishes the foundational principle that an electronic document has the same evidential weight as a paper document, provided that the person from whom it originates can be duly identified and its integrity is guaranteed (Article 1366). Furthermore, the Civil Code explicitly defines the electronic signature as a reliable identification process that guarantees its link to the act (Article 1367).
In practice, France, like other EU states, utilizes a tiered system of electronic signatures, where the level of legal assurance corresponds to the security and verification process used:
1. Simple Electronic Signature (SES): The basic level (e.g., a scanned image, a typed name). While admissible as evidence in court, its reliability must be proven by the party relying on it.
2. Advanced Electronic Signature (AES): Meets stricter requirements, uniquely identifying the signer and ensuring document integrity. It is widely accepted for commercial and HR contracts.
3. Qualified Electronic Signature (QES): The highest level. It is created using a Qualified Signature Creation Device (QSCD) and based on a qualified certificate issued by a Qualified Trust Service Provider (QTSP), which is certified by the national regulatory body, the Agence Nationale de la Sécurité des Systèmes d’Information (ANSSI). The QES holds the statutory legal equivalence of a handwritten signature and benefits from a presumption of reliability in court.
Legal Framework
The French legal framework is a harmonization of EU-wide regulation and complementary national law:
| Legal Instrument | Scope and Impact |
| eIDAS Regulation (EU No. 910/2014) | Directly applicable across the EU. Establishes the three-tiered model (SES, AES, QES). Mandates that a QES has the equivalent legal effect of a wet-ink signature (Article 25). It also ensures the principle of non-discrimination, meaning no electronic signature can be rejected solely because it is in electronic form. |
| French Civil Code (FCC) | Article 1366: Confirms the evidential value of an electronic document if it reliably identifies the author and guarantees its integrity. Article 1367: Defines the electronic signature as a reliable identification process. Presumption of Reliability: A QES is presumed reliable unless proven otherwise by the challenging party. |
| Decree No 2017-1416 of 28 September 2017 | Complements the Civil Code by specifying the technical conditions and reliability standards for electronic signatures, particularly those relating to the QES. |
| French Monetary and Financial Code | Regulates financial instruments and transactions, often requiring higher assurance levels for specific banking and debt instruments. |
Documents That Can Be Signed Electronically
The French legal philosophy, embodied in the Civil Code, is that any document or contract can be signed electronically unless there is an express legal provision mandating a specific paper form or the physical presence of a public officer (e.g., a notary).
Standard Use Cases (SES and AES are acceptable):
i. Commercial Contracts: Sales agreements, NDAs, service contracts, commercial lease agreements, quotes, invoices, and general terms and conditions.
Ii. Human Resources: Employment contracts, amendments, internal policies, and severance agreements.
Iii. Corporate Governance (B2B): Minutes of shareholder decisions and corporate body meetings (a change that streamlined corporate life).
Iv. Consumer Agreements (B2C): Online purchase confirmations, service subscriptions, and consumer credit applications (with appropriate consumer protection safeguards).
v. Intellectual Property: Licensing agreements and transfer of intellectual property rights.
High-Assurance Use Cases (QES is often legally required or strongly recommended for evidentiary reasons):
i. Public Procurement: Contracts with the French government and public administration often mandate an Advanced Electronic Signature based on a qualified certificate or a full QES.
ii. Notarial Deeds (Actes Notariés): Deeds executed by notaries, particularly those related to real estate transactions or marital regimes, are increasingly executed electronically but require a QES to confer their authentic status.
Iii. Judicial and Commercial Court Decisions: Official documents and decisions issued by the courts often require a QES.
Iv. Digital Medical Files: Documents containing sensitive medical data must be secured with an AES or QES to comply with data protection and sector-specific laws.
Documents That Cannot Be Signed Electronically (Exclusions)
While the scope for electronic signing is broad, French law maintains specific exclusions for documents of a highly formal or solemn nature, or where the law expressly requires the physical involvement of a public officer:
1. Family Law and Succession Documents:
i. Wills and Codicils: These documents require strict, paper-based formalities and/or the physical presence of witnesses or a notary to be valid, currently excluding all forms of e-signatures.
ii. Deeds relating to family law (e.g., divorce or adoption documents) and inheritance matters, unless specifically executed by a notary using a QES with an appropriate setup.
2. Personal and Real Securities (Guarantees): The French Civil Code has historically required a handwritten signature for certain types of guarantees (cautionnement) to ensure the guarantor understood the extent of their commitment. While this area is subject to ongoing debate and judicial interpretation, a QES is generally the only electronic method deemed acceptable to meet the reliability and integrity requirement of the written form, especially for non-professional guarantors.
3. Documents Of Public Authority: Acts requiring the intervention of courts, public authorities, or professions exercising public authority may be restricted to paper or must use a QES to achieve the required legal effect.
Notable Changes in the Laws
The most significant changes in France’s e-signature landscape have been driven by modernization and a concerted effort to digitalize government and corporate life:
1. The Codification of eIDAS in the Civil Code (2016-2017): The direct applicability of the eIDAS Regulation in 2016 was immediately supplemented by the revisions to the French Civil Code in 2017 (Decree No 2017-1416). This ensured the QES was officially granted the presumption of reliability, shifting the burden of proof to the party challenging the signature. This move significantly increased the legal confidence in QES.
2. Digitalization of Corporate Minutes (2019): Decree No 2019-1118 of 31 October 2019 extended the possibility for all commercial companies (not just the SAS form) to use electronic signatures (at least AES) for the minutes and registers of their shareholders’ and corporate body meetings. This was a critical step in modernizing French corporate law.
3. The COVID-19 Emergency Measures (2020): Temporary measures during the health crisis authorized notaries to execute certain authentic deeds remotely (à distance), without the physical presence of all parties, via video conference and the use of a QES. While these were largely temporary, they demonstrated the technical and legal feasibility of fully digital notarial acts, setting a precedent for permanent changes.
4. Launch of ANSSI-Certified Trust Services: France, through ANSSI, actively certifies and oversees Qualified Trust Service Providers (QTSPs), ensuring that the technology used by French businesses to create QES is compliant with the highest European security standards, reinforcing the country’s confidence in digital transactions.
Disclaimer
The information on this site is for general information purposes only and is not intended to serve as legal advice. Laws governing the subject matter may change quickly, so Flowmono cannot guarantee that all the information on this site is current or correct. Should you have specific legal questions about any of the information on this site, you should consult with a legal practitioner in your area.
References
- Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market (eIDAS Regulation).
- French Civil Code (Code Civil), notably Article 1366 (Evidential value of electronic documents) and Article 1367 (Definition and reliability of electronic signatures).
- Decree No 2017-1416 of 28 September 2017 on the electronic signature.
- Decree No 2019-1118 of 31 October 2019 amending provisions relating to the minutes and registers of corporate bodies.
