Electronic Signature Law and Legality in France

Electronic signatures have been legally recognized in France since 2000. With the introduction of the eIDAS Regulation in 2016, France and all EU member states now follow a standardized legal framework for electronic signatures across business and legal transactions.

Today, electronic signatures are legally binding and court-admissible in France, provided they meet the appropriate requirements under both French law and eIDAS.

Are eSignatures Valid Under French Law?

Yes. Under French Civil Code, a contract is valid when two parties reach an agreement—verbally, in writing, or electronically. According to Article 1367, an electronic signature has the same legal value as a handwritten signature when:

• It can identify the signer
  
  
• It ensures the document’s integrity
  
  
• It is created through a secure process
  

In legal disputes, parties may be required to prove the authenticity and acceptance of the agreement. Electronic signature software like Blueink can provide detailed audit trails and secure certificates of evidence for this purpose.

France’s Civil Law System

France operates under a Civil Law system, which is:

• Based on Roman legal tradition
  
  
• Built on written codes and statutes
  
  
• Structured to support fairness and accessibility
  
  
• Less reliant on judicial precedent compared to common law systems
  

This system allows electronic signatures to be recognized as long as they meet the required standards of identification and security.

Types of Electronic Signatures Under eIDAS

France follows the eIDAS Regulation’s tiered model of eSignatures:

1. Standard Electronic Signature (SES)

• Basic form (e.g., typed name or image of a signature)
  
  
• Accepted for low-risk transactions
  
  
• May require additional supporting evidence
  

2. Advanced Electronic Signature (AES)

• Uniquely identifies the signer
  
  
• Is under the signer’s sole control
  
  
• Detects any alterations to the signed data
  

3. Qualified Electronic Signature (QES)

• Backed by a qualified certificate
  
  
• Created using a Qualified Signature Creation Device (QSCD)
  
  
• Legally equivalent to a handwritten signature across the EU
  
  

A QES is presumed valid in court without requiring further proof, as outlined in Article 25 of eIDAS.

Business Regulations Supporting eSignature Use in France

Numerous laws govern electronic transactions and digital business in France, including:

• French Civil Code – Establishes electronic signature and contract provisions
  
  
• French Consumers Code – Regulates digital marketing and required disclosures
  
  
• Act No. 2004-575 – Covers liability of digital service providers and online platforms
  
  
• GDPR (2016) & French Data Protection Provisions (2018) – Regulates data handling
  
  
• Decrees No. 2017-1434 & 2017-1436 – Set transparency and review guidelines for online businesses
  
  
• Intellectual Property Code – Protects digitally signed licenses and IP agreements
  
  
• Commercial Code – Defines rules for B2B contracts and fair competition
  

Common Use Cases for eSignatures in France

Electronic signatures are widely accepted in:

• HR and employment documents
  
  
• Sales and procurement contracts
  
  
• Real estate transactions (except those requiring notarization)
  
  
• Intellectual property licensing
  
  
• Consumer agreements and service terms
  
  

For most private transactions, SES or AES is sufficient. For more sensitive agreements, especially involving government or court proceedings, a QES may be required.

When Is a Handwritten Signature Still Needed?

Electronic signatures may not be suitable for:

• Documents requiring notarization
  
  
• Certain real estate or asset transfers
  
  
• Wills and succession-related documents
  
  
• Some government-issued certificates
  
  
• Share or issuance certificates
  
  
• Legal documents that explicitly require a wet-ink signature or in-person witnessing
  
  

Always consult with a legal advisor for high-risk or regulated transactions.

Disclaimer

This page is intended for general informational purposes only and does not constitute legal advice. Legal requirements may vary based on transaction type, jurisdiction, or regulatory changes. Please consult a qualified legal professional for guidance specific to your case. Blueink disclaims all liability for actions taken or not taken based on this content, to the fullest extent permitted by law.