Electronic signatures: legal framework (eIDAS, Civil Code), levels (simple, advanced, qualified), legal value and exceptions.
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The electronic signature has become the new standard for validation in the business world. Whether it involves commercial contracts, HR procedures, or governance decisions, it streamlines communication and speeds up decision-making.
However, despite its widespread adoption, some confusion remains: not all electronic signatures are created equal. While the Civil Code grants it the same probative value as a handwritten signature, this validity is strictly contingent on the ability to identify the signer, guarantee the integrity of the document, and provide proof of consent.
Given recurring questions about the legal validity of a digital document and the risks of disputes, it is essential to understand the nuances of the legal framework. Whether choosing a simple, advanced, or qualified signature, the decision should not be left to chance. Here are the key points for understanding the legal framework in effect in France and selecting the appropriate level of security for each of your documents.
An electronic signature has legal value and may be admissible as evidence, even if it is not “qualified” (Regulation (EU) No. 910/2014 (eIDAS), Article 25).
An electronic signature must be authentic, tamper-proof, non-reusable, unalterable and irrevocable. (Regulation (EU) No. 910/2014 (eIDAS), Article 26)
The legal effect of a qualified electronic signature is equivalent to that of a handwritten signature (Regulation (EU) No. 910/2014 (eIDAS), Article 25).
In practice: the higher the stakes, the higher the required level should be — from simple to advanced to qualified — and a proof file should be retained.
An electronic signature is a cryptographic process (a sequence of numbers) that authenticates the signer and ensures the integrity of the document, just like its handwritten counterpart. (France Num)
A digital signature should therefore enable the recipient of a document to identify the individual or organization that affixed the signature and to ensure that the document has not been altered between the time it was signed and the time it is read.
Therefore, an electronic signature must be:
French law has recognized the legality of electronic signatures since the 2000s. However, it was the European eIDAS Regulation, which took effect on July 1, 2016, that truly established a clear and uniform legal framework for digital signatures.
This regulation aims to simplify and harmonize the use of digital identification and authentication services, ensure their legal certainty, and strengthen digital trust.
Article 25(1) of the European Regulation establishes the principle of non-discrimination, pursuant to which “the legal effect and admissibility of an electronic signature as evidence in legal proceedings may not be denied solely on the grounds that the signature is in electronic form or that it does not meet the requirements for a qualified electronic signature.”
European regulations thus recognize the legal validity and evidentiary value of electronic signatures within the European Union. The regulation is directly applicable in all EU member states, meaning that electronic signatures are a legally valid method in France.
Beyond the eIDAS Regulation, French law specifically recognizes and regulates the legality of electronic signatures:
Consequently, the legal validity of an electronic signature is equivalent to that of a handwritten signature in the eyes of French law.
The Decree of 28 September 2017 specifies that “the reliability of an electronic signature process is presumed, unless proven otherwise, where that process uses a qualified electronic signature.”
With a few exceptions, all documents can be signed electronically:
The only restrictions apply to private documents relating to family law and inheritance law, in accordance with Article 1175 of the Civil Code.
Under European law, there are three types of electronic signatures. The level of security and reliability, as well as the conditions for using these signatures, vary from one category to another.
A simple electronic signature is defined by the European regulation as “data in electronic form that is attached to or logically associated with other data in electronic form and that the signatory uses to sign.”(Regulation (EU) No. 910/2014 (eIDAS), Article 3)
This type of signature is used, for example, when scanning a handwritten signature to affix it to an electronic document or when signing an order receipt. There are no specific requirements for this category of signature, making it the signing method with the most limited legal validity. In fact, it does not require a process to verify the signer’s identity or to guarantee the integrity of the signed data.
Although its level of security is limited, the simple electronic signature is the most commonly used type of signature because it is quick and easy to use.
However, the simple signature process can be strengthened and made more reliable by establishing a chain of evidence to address any potential challenge to the signature. This evidence file may consist of elements such as the signer’s email address, the IP address of the computer used to sign the document, and so on.
Under the eIDAS Regulation, an electronic signature is considered advanced when it meets the requirements ofArticle 26:
The advanced electronic signature thus relies on a more reliable identification system that enhances its security. More specifically, this may involve submitting a form of identification on the platform, which allows the service provider to verify the accuracy of the information provided and to authenticate the signature.
This can also be achieved by adding an authentication step using an SMS code received by the signatory, which is required to validate the signature.
The qualified electronic signature is the signature format that offers the highest level of legal and technical security. It is based on a more complex system (Decree No. 2017-1416):
Electronic signatures are legally recognized, but the right choice depends on the document and the level of proof required.
The simple rule: the higher the stakes (amounts involved, governance, potential disputes), the more you need to strengthen the signer’s identification, the document’s integrity, and traceability—up to and including considering a qualified signature if necessary.
At Equify, we offer secure electronic signature solutions that comply with European and French regulations for managing your corporate legal affairs.
Whether it’s employee stock ownership, fundraising, or governance matters, customize your documents on Equify using our mail merge feature and send them to stakeholders for signature in just a few clicks.
No. It depends on the level of risk, the type of document and the expected level of evidence. A qualified signature is particularly useful when you want to maximise legal certainty and benefit from the presumption of reliability. (Decree No. 2017-1416)
It is important to keep an evidence file, including: the identity of the signatory and the issuer — ID, surname, first name, email address, IP address, phone number — general information about the invitation to sign — authentication method used and validation time — information relating to the signature — context, consent date, signature validity — and data relating to the signed documents — name, ID and type of document.
For certain “sensitive” acts — such as family law matters, inheritance matters, etc. — the French Civil Code provides for exceptions and a specific legal framework. (Article 1175 of the French Civil Code)
The European eIDAS Regulation distinguishes between three levels of electronic signatures. A simple electronic signature provides the lowest level of security (for example, ticking a checkbox or entering an SMS verification code) and is suitable for most routine documents. An advanced electronic signature provides a stronger link to the signer's identity through mechanisms such as electronic certificates and identity verification. A qualified electronic signature, the highest level of assurance, is based on a certificate issued by a qualified trust service provider and has the same legal effect as a handwritten signature throughout the European Union.
Yes. Since the French Ordinance of 10 February 2016, private agreements may be executed electronically, including share transfer forms and share subscription agreements. In practice, account-keeping institutions and French commercial court registries now accept these documents, provided that the level of electronic signature is appropriate for the transaction (typically advanced or qualified, depending on its significance). Certain notarized deeds, however, remain outside the scope of electronic signatures.
For most corporate governance documents—such as board meeting minutes, written resolutions, and commercial agreements—an advanced electronic signature (Level 2 under eIDAS) is sufficient and is recognized by French courts. Solutions such as Yousign and DocuSign provide this level of signature. For high-value transactions or documents involving foreign parties, a qualified electronic signature may be preferable. Equify integrates electronic signature capabilities into its equity management and corporate governance workflows.
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