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1. What is an electronic signature?
First of all, a signature refers to a handwritten or electronic stamp. As for the electronic signature, it consists in the use of a reliable identification process guaranteeing its link with the act to which it relates within the meaning of article 1367 of the Civil Code.
The signature is therefore a personal symbol that allows the author to justify his identity and to demonstrate his consent. It is often accompanied by the name, first name or initials of its author and is generally located at the bottom of any document.
Sometimes called digital signature, digital signature or e-signature, these terms refer to the same meaning. The rise of digitalization has made it an indispensable tool. It is the result of a global change in digitalization.
In addition, when the signature is that of a State authority, the symbol affixed gives the document in question its authentic character.
Depending on the type of document, one of three existing signature levels may be required. To find out, find our legal summary on the legal regime for electronic signatures.
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2. The electronic signature adapts to all your documents
The European eIDAS regulation no. 910/2014 of 23 July 2014 distinguishes three types of electronic signatures: the so-called simple level electronic signature, the advanced electronic signature and the qualified level electronic signature.
a. The so-called simple electronic signature
The simple level electronic signature is an electronic signature that is based on the lowest level of security. This signature is used to group electronic signatures that do not meet the requirements of advanced electronic signatures or qualified signatures.
The eIDAS regulation defines this signature level as “data in electronic form, which is attached or logically combined with other data in electronic form and which the signatory uses to sign”.
To this extent, this signature makes it possible to establish a link between two sets of electronic data: one constitutes a signature that applies to the other. This type of signature does not require any particular requirements in terms of security or identification of the signatory.
When should you use a simple electronic signature?
The simple electronic signature is suitable for documents that are of little importance both financially and legally.
For example, the general conditions of use and sale, an inventory of fixtures when entering or leaving a home.
b. The so-called advanced electronic signature
The advanced level electronic signature is a higher level electronic signature. The European regulation qualifies as advanced signature: “the signature that meets the requirements of article 26 of the European eIDAS regulation”.
According to this text, the advanced signature must:
• “Be linked to the signatory in an unequivocal manner;
• Allow the signatory to be identified;
• Have been created using electronic signature creation data that the signatory can, with a high level of confidence, use under their exclusive control; And,
• Be linked to the data associated with this signature so that any subsequent changes to the data are detectable ”.
When should you use advanced electronic signatures?
This electronic signature is used for sensitive documents or contracts with large amounts.
For example, dematerialized minutes of general meetings or consumer credit documents.
c. The so-called qualified electronic signature
The eIDAS regulation defines qualified electronic signature as”an advanced electronic signature created using a qualified electronic signature creation device, and based on a qualified electronic signature certificate.”
The qualified signature is the most secure. Indeed, it requires significant verification and certification requirements.
It has two types of characteristics:
- Certification in the form of a digital certificate will only be possible once the identity of the signatory has been verified in person. This certificate is said to be qualified in order to designate a high level of identification.
- The signature is created using a very secure device. It is in this device that the qualified signature certificate is located.
When should qualified electronic signatures be used?
The qualified electronic signature is used in the context of authentic acts, acts with public bodies.
Why use qualified electronic signatures?
The use of this level of signature allows for optimal legal protection in the event of litigation.
A qualified electronic signature has the particularity of shifting the burden of proof onto the signatory. In the event of a dispute, it is therefore up to the signatory to demonstrate the invalidity of the electronic signature.
The qualified electronic signature is therefore perfectly suited to the signing of specific documents such as bailiff's acts (service), the sales agreement (drawn up and signed in front of a notary).
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3. The electronic signature: what probative value?
An electronic signature has equivalent probative value to a handwritten signature if it meets certain conditions (Article 1367 paragraph 2 of the Civil Code).
- A reliable process
Electronic signature is a reliable process when the process used guarantees the integrity of the signed document, i.e. it is impossible to modify an electronically signed document.
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 set by decree in the Council of State.
- It must allow the definite identification of the author
- The process must ensure the existence of a link between the signature and the document on which it was attached.
Good to know: When a contract requires a signature to be valid, it may be drawn up and stored in electronic form under the conditions provided for in articles 1366 and 1367 of the Civil Code. However, article 1175 of the Civil Code sets out two exceptions: private acts relating to family law and acts relating to inheritance law.
How to sign a document electronically ?
To sign your documents electronically, you need to use a service provider specialized in electronic signatures whose services comply with the rules related to data protection imposed by the European Union.
The Axiocap solution gives its customers the opportunity to sign all of their documents thanks to the advanced electronic signature accompanied by a qualified timestamp provided by our partner Signaturit and directly integrated into the solution. Discover the advanced electronic signature offered on Axiocap.
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