What is an electronic signature?
La electronic signature is a technical process that makes it possible to prove the approval and consent of the signatories identified on a digital document. It is the equivalent of the paper handwritten signature.
It must respect the strict French and European rules, in particular the Eidas regulations.
The guarantee of the legal conformity of the act is based on 2 pillars:
Integrity of the document : the document must not be modified over time, even in its storage or transfer: It must remain frozen in time.
Identity of the signatory : the person signing the document must be identified and authenticated.
Ideally, an electronic signature should include the following elements:
- Compliance ato the signature standards of ETSI (European Telecommunications Standards Institute) and the eIDAS Regulation governing electronic identification and trust services for digital transactions within the European Union's internal market.
- Use of a electronic certificate.
- Setting up a system of verifying the identity of the signatory.
- Ability to demonstrateintegrity of the document since it was signed.
It is recommended to perform electronic signatures using a solution developed by a trusted third party and a recognized certification authority. The list of qualified European certification authorities is available on the European Commission website.
Legal and legal recognition of electronic signatures in France
Since 2000, electronic signatures have been legally recognized in France. The electronic signature is then recognized as having the same legal value as a handwritten signature.
The electronic signature must be eIDAS compliant:
Since July 2016, Europe has been harmonizing the regulation of electronic signatures at European level with eIDAS (Electronic Identification of Trust Services).
“It establishes a common foundation for secure electronic interactions between citizens, businesses and public authorities.”
The European eIDAS regulation establishes rules and requirements governing the use and recognition of trust services issuing electronic signature certificates in the Member States.
Qualified trusted recognized services meet specific requirements and are provided by qualified service providers.
The principles of electronic signatures enshrined in French law:
Registered French law the principles of electronic signatures and established their legal value in articles 1366 and 1367 of the Civil Code.
“An electronic document has the same evidentiary value as a paper document, provided that the person from whom it comes from can be duly identified and that it is drawn up and stored in conditions such as to guarantee its integrity.”
“The signature necessary for the perfection of a legal act identifies its author. It expresses its consent to the obligations arising from this act. [...]
When it is electronic, it consists in the use of a reliable identification process guaranteeing its link with the act to which it is attached. The reliability of this process is presumed, until proven otherwise, when the electronic signature is created, the identity of the signatory assured and the integrity of the act guaranteed, under conditions established by decree in the Council of State.”
L'ANSSI
In France, the National Agency for Information System Security (ANSSI) is the supervisory body responsible for qualifying trust service providers (NSSI).
Developments as a result of Covid-19
Notaries: Authentic acts can be signed electronically
Civil judges: electronic signature for decisions
What are the different levels of electronic signatures?
Simple, Advanced, Qualified.
To ensure an appropriate level of security and trust, the European eIDAS regulation defines three distinct levels of electronic signature: simple, advanced, and qualified.
The eIDAS regulation does not use the exact term simple signature. This term is very widely used by all signature providers. It includes all e-signatures that are not advanced or qualified.
The distinction between the three types of signatures lies in the level of security associated with these criteria, as well as in the steps for validating the identity of the signatory, which can vary in complexity. The strength of the signature is based on the degree of confidence it inspires in the identity of the person signing and in the proof of the integrity of the signed document.
1. Simple electronic signature
Simple electronic signature is the method The most common currently. It is widely used in the market due to its simplicity, promoting a fast and smooth experience. This type of signature represents the first level of security and legal recognition of a document. It is not based on strict signatory verification criteria, however, with the addition of an SMS verification step, the signature gains a higher level of security.
This type of signature is suitable for documents that are current or that present limited legal or financial risks. Invoices, leases, rent receipt, quotes...
2. Advanced electronic signature
The advanced electronic signature requires a more rigorous authentication of the signatory. This signature level is commonly used in commercial and legal transactions of greater importance. The advanced electronic signature must meet several essential criteria:
- Uniqueness of the Signatory: It must be directly linked to its signatory in a unique and clear way.
- Formal identification: It must allow a formal identification of the signatory, thus ensuring the certainty of his identity.
- Exclusive control: The signature must be created by means under the exclusive control of the signatory, such as his telephone or personal computer.
- Integrity of the Document: It must guarantee that the act with which it is associated cannot be modified, thus ensuring the integrity of the signed document.
These requirements can be implemented through practical systems, such as the uploading and subsequent verification of the signatory's ID.
Bank account opening contracts, sales agreements or even life insurance require advanced electronic signatures, for example.
There is a way to further increase advanced signature security with a quality certificate. (It is then located between advanced and qualified signatures.) The quality certificate involves face-to-face verification of the identity of the signatory. The latter is used for the signing of tenders for example.
3. Qualified Electronic Signature
The highest level of signature, the qualified electronic signature, is reserved for transactions of the highest importance. Since the process is very restrictive, it is only used for specific cases.
It requires robust authentication of the signatory, via a secure device, as well as the protection of the signature key. Qualified electronic signatures are formally recognized in all member states of the European Union.
It is used for authentic instruments (deeds of notaries, lawyers, bailiffs; stock exchange transactions, PACS...)
Understanding the different levels of electronic signatures according to eIDAS is essential to choose the appropriate level based on the nature and importance of a transaction. This ensures the proper use of the electronic signature in compliance with security and legal standards.
What documents can be legally signed with an electronic signature?
Employment contracts, quotes, purchase orders, leases, mission letters, and business agreements can all be signed electronically. It is crucial to understand that all legal acts can be concluded in this way, thus conferring the same legal validity as a handwritten signature.
- Commercial documents: invoices, BAP, Purchase order, order form, quotation, supplier contract, terms and conditions...
- Insurance and mutual insurance contracts and documents: contracts, quotes, insurances, cancellations...
- Real estate documents and contracts: Lease, mandate, inventory, contracts, agreements...
- Bank documents
- HR documents: Employment contracts, fixed-term and permanent contracts, confidentiality agreements, minutes...
What if you simplify the validation and signature process with an electronic signature?
