eSignature Legality in France

Quick facts

Topic	Description
Governing Law	• eIDAS Regulation (EU Regulation No. 910/2014) • French Civil Code (Articles 1366 and 1367)
Legal Status	Recognized
Key Requirements	• The eSignature must uniquely identify the signer. • The signature must be created using data that the signer has under their sole control (for example, private keys). • Advanced or qualified electronic signatures (QES) provide the highest level of legal assurance. QES is equivalent to a handwritten signature. • An audit trail or proof of signing is often required to ensure enforceability.
Exceptions	• Wills and succession agreements • Documents requiring notarial form, such as property transactions • Certain family law matters, such as marriage contracts
Regulatory Authority	ANSSI (Agence Nationale de la Sécurité des Systèmes d’Information)
Changes Since 2020	• Increased adoption of eSignatures due to the COVID-19 pandemic, with a focus on remote workflows • Greater reliance on qualified trust service providers (QTSPs) to ensure compliance with eIDAS standards • Enhanced awareness and demand for advanced and qualified electronic signatures for secure and compliant transactions

Legal recognition of eSignatures in France

eSignatures are legally recognized in France under the eIDAS Regulation (EU Regulation No. 910/2014) and the French Civil Code, specifically Articles 1366 and 1367.

The eIDAS Regulation, which came into effect on July 1, 2016, provides a unified framework for electronic identification and trust services across the European Union. It ensures that eSignatures are valid, enforceable, and have the same legal effect as handwritten signatures if they meet specific requirements.

The French Civil Code complements eIDAS by explicitly acknowledging eSignatures as a valid method to express consent, provided they can reliably identify the signer and ensure the integrity of the signed document.

The legislation was updated in 2016 to align with the implementation of the eIDAS Regulation, further solidifying the legal standing of eSignatures in France.

Types of electronic signatures accepted in France

France recognizes three types of eSignatures under the eIDAS Regulation: simple electronic signatures (SES), advanced electronic signatures (AES), and qualified electronic signatures (QES). Each type offers varying levels of security and legal assurance.

1. Simple electronic signatures (SES)

SES is the most basic type of eSignature and includes methods like typing a name at the end of an email, ticking a checkbox, or inserting an image of a handwritten signature into a document.

While SES is recognized, it offers limited legal assurance as it doesn’t require strict authentication of the signer.
Example: Approving terms and conditions online by clicking a checkbox.

2. Advanced electronic signatures (AES)

AES provides a higher level of security by uniquely linking the signature to the signer. It must be created using technology under the sole control of the signer, such as cryptographic keys, and can detect any tampering with the signed document.
Example: Using a signing platform like Signeasy with two-factor authentication.

3. Qualified electronic signatures (QES)

QES is the most secure and legally robust type of eSignature. It requires the use of a qualified electronic signature creation device (QSCD) and a digital certificate issued by a qualified trust service provider (QTSP) regulated by ANSSI in France.

QES has the same legal standing as a handwritten signature.
Example: Signing a loan agreement or government contract using a digital certificate provided by a certified QTSP like CertEurope or ChamberSign.

Requirements for legality of eSignatures in France

To ensure eSignatures are legally binding in France, they must meet specific criteria under the eIDAS Regulation and the French Civil Code. These requirements include:

1. Consent of all parties

All parties involved must clearly agree to use eSignatures to execute the transaction. Consent can be expressed explicitly, such as through an agreement to use a specific eSignature platform, or implicitly by signing the document electronically.

2. Identity verification

The identity of the signer must be verified to ensure the signature can be uniquely attributed to them. For advanced and qualified electronic signatures, identity verification may involve:

Multi-factor authentication (for example, email, SMS codes, or ID document validation)
Digital certificates issued by a qualified trust service provider (QTSP)

3. Document integrity

The integrity of the signed document must be maintained to ensure it has not been altered after the signature was applied. This is typically achieved through:

Encryption and hashing techniques that make tampering detectable
A secure audit trail that records any changes to the document

4. Record retention and audit trails

A reliable method of storing and accessing signed documents is essential. Platforms providing eSignatures often include:

Audit trails detailing the signing process, such as timestamps, IP addresses, and signer actions
Secure storage to preserve the document and proof of signing for future reference

5. Compliance with advanced or qualified standards (if applicable)

For higher assurance levels, advanced and qualified electronic signatures must adhere to specific technical and procedural standards, including the use of QSCDs and certificates from a QTSP.

Limitations and exceptions

While eSignatures are widely recognized and legally binding in France, there are specific situations and types of documents where they are not accepted. These exceptions include:

1. Documents related to family law and inheritance law: Article 1175 of the French Civil Code states that eSignatures cannot be used for private deeds related to family and inheritance law. This includes documents such as marriage certificates, wills, and deeds. However, there are some exceptions. For example, during the COVID-19 pandemic, the French government allowed notaries to draw up notarial deeds electronically.

2. Documents creating or transferring rights in immovable property: These documents need to be signed with a wet signature.

3. Documents related to personal and real guarantees, except when used by individuals acting for business purposes.

4. Promissory notes, bills of change, and bank checks, as French law prohibits the use of eSignatures for commercial instruments.

It’s important to verify whether eSignatures are allowed for a particular document type before proceeding. When in doubt, consulting legal counsel or the relevant regulatory authority can ensure compliance.

Industries and use cases of eSignatures in France

eSignatures have become an integral part of business operations across various industries in France, streamlining workflows and enhancing efficiency.

Here are some prominent industries in France where eSignatures are widely used:

Industry	Reason	Use Cases
Financial Services	Banks and financial institutions use eSignatures to expedite account opening, loan agreements, and investment documentation. Contracts like mortgage approvals and personal loan agreements are frequently signed electronically, ensuring secure and fast processing.	• Bank account opening forms • Personal and business loan agreements • Investment and portfolio management contracts • Mortgage approvals and refinancing agreements • Insurance policies and claims processing
Real Estate	While property transfers may still require notarization, eSignatures are widely used for rental agreements, lease renewals, and preliminary sales agreements. They simplify transactions between landlords, tenants, and buyers.	• Rental agreements and lease renewals • Preliminary sales agreements (Compromis de vente) • Property management contracts • Tenant guarantor agreements • Real estate agency agreements
Legal and Compliance	Legal professionals use eSignatures for non-notarial, including employment contracts, client agreements, and NDAs (non-disclosure agreements), as well as most notarial documents. They provide a secure way to execute legally binding contracts remotely.	• Employment contracts • Non-disclosure agreements (NDAs) • Client representation agreements • Service contracts and supplier agreements • Notarial acts for digital execution where permitted
Healthcare	Hospitals and clinics use eSignatures for patient consent forms, insurance claims, and vendor contracts. This ensures compliance with data protection laws while reducing paperwork.	• Patient consent forms • Medical record access authorization • Insurance claim forms • Vendor and pharmaceutical supply contracts • Clinical trial agreements and drug approvals
eCommerce and Technology	In the tech and eCommerce sectors, eSignatures are used for vendor agreements, partnership contracts, and software licensing. Subscription renewals and terms of service approvals are common examples.	• Vendor and supplier contracts • Software licensing agreements • Terms of service agreements for digital platforms • Subscription renewals and customer consent forms • Data privacy and GDPR compliance acknowledgments
Human Resources	HR departments rely on eSignatures for employment offer letters, onboarding paperwork, performance agreements, and termination documents. They enable remote hiring processes and enhance recordkeeping.	• Employment offer letters • Onboarding and new hire paperwork • Remote work and telecommuting agreements • Performance and confidentiality agreements • Termination and severance agreements
Government and Public Sector	Government agencies increasingly use eSignatures for citizen services, including tax filings, social benefit applications, and business registrations. These processes benefit from faster approvals and secure workflows.	• Tax declaration and filing forms • Business registration and licensing documents • Social security and benefits applications • Public procurement and tender agreements • Electronic voting and citizen consent forms

Regulatory authority and compliance tips

The use of eSignatures in France is overseen by the Agence Nationale de la Sécurité des Systèmes d’Information (ANSSI). This regulatory authority ensures that eSignature solutions meet the standards set by the eIDAS Regulation, particularly for advanced and qualified electronic signatures.

ANSSI also certifies qualified trust service providers (QTSPs) who offer secure eSignature solutions.

To ensure compliance when using eSignatures in France, follow these practical tips:

1. Use certified eSignature providers
Choose providers certified by ANSSI or compliant with eIDAS standards. Certified providers ensure that the signatures meet the necessary security and legal requirements, particularly for advanced or qualified electronic signatures.

2. Verify signer identity
Implement strong identity verification measures, such as multi-factor authentication or digital certificates. This is especially important for sensitive or high-value transactions.

3. Keep audit trails
Maintain a comprehensive audit trail for each signed document. This should include timestamps, IP addresses, and evidence of signer actions to ensure the signature’s validity and traceability.

4. Ensure document integrity
Use platforms that employ encryption and hashing to prevent unauthorized alterations to the signed document. A tamper-proof system is essential for legal enforceability.

5. Stay updated on legal changes
Regularly review updates to the eIDAS Regulation or national laws affecting eSignatures. This ensures your processes remain compliant with the latest legal requirements.

‍6. Train your team
‍Educate employees on the legal and technical aspects of eSignatures, especially if they handle sensitive documents. Awareness minimizes errors and enhances compliance.

Frequently asked questions

Are eSignatures legally binding in France?

Yes, eSignatures are legally binding in France. They are recognized under the eIDAS Regulation (EU Regulation No. 910/2014) and Articles 1366 and 1367 of the French Civil Code. When eSignatures meet the necessary requirements for identity verification, consent, and document integrity, they hold the same legal validity as handwritten signatures.

How are eSignatures regulated in France?

eSignatures in France are regulated under the eIDAS Regulation (EU No. 910/2014) and Article 1367 of the French Civil Code. France recognizes three types: Simple (SES), Advanced (AES), and Qualified (QES), with QES having the same legal weight as a handwritten signature.

What documents can be signed electronically in France?

Most documents can be signed electronically in France, including contracts, employment agreements, lease agreements, NDAs, sales contracts, and invoices. However, certain documents, such as wills, property transfer deeds, and marriage certificates, require handwritten signatures or notarization and are not eligible for eSignatures.

What are the requirements for an eSignature to be valid in France?

For an eSignature to be valid in France, it must meet the following criteria: all parties must consent to its use, the signer’s identity must be verified, the signature must be uniquely linked to the signer, the signed document must be tamper-proof, and there should be a reliable method for retaining records, such as an audit trail. Advanced and qualified electronic signatures provide the highest levels of assurance.

What are the main benefits of using eSignatures?

Among the many benefits of eSignatures are faster transaction times, reduced administrative costs, enhanced security through identity verification and encryption, and compliance with EU-wide eIDAS standards. They also support remote work and business processes, allowing individuals and organizations to sign documents from anywhere.

Are there exceptions to eSignature usage in France?

Yes, there are limitations. eSignatures are not valid for certain types of documents, including wills, succession agreements, marriage certificates, and real estate transfer deeds. Additionally, documents requiring notarization or specific legal formalities often cannot be signed electronically. It’s important to verify the acceptability of eSignatures for specific use cases to ensure compliance.

Disclaimer

The information in this guide is intended for general informational purposes only and does not constitute legal advice. Laws regarding eSignatures may vary by jurisdiction and are subject to change. We recommend consulting with qualified legal counsel to determine how these laws apply to your business or organization. Signeasy does not assume responsibility for the accuracy or reliability of this information as it applies to specific cases.