The legal regime for certified copying

Certified copy: The so-called “reliable” copy has the same evidentiary value as the original

‍Section 1379

A reliable copy has the same evidentiary value as the original. Reliability is left to the discretion of the judge. Nevertheless, an enforceable or authentic copy of an authentic writing is considered reliable.
Any copy resulting from an identical reproduction of the form and content of the act, and whose integrity is guaranteed over time by a process in accordance with conditions set by decree in the Council of State.
If the original survives, its presentation may still be required.

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The Decree No. 2016-1673 of 5 December 2016 came to specify the conditions for the reliability of the copies. Thus, the resulting copy is presumed to be reliable:

• Or a reproduction process that results in a irreversible modification of the copy medium ;
• Or, in the case of reproduction by electronic means, a process that meets the conditions provided for in articles 2 to 6 of the decree.

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These sections 2 to 6 require:

• An electronic reproduction process that produces copy-related information and intended for the identification of it, which specify the context of digitization, in particular the date of the copy;
• The integrity of the copy must be attested by a electronic fingerprint which ensures that any subsequent changes to the copy to which is attached are detectable. This condition is presumed to be met by the use of a qualified timestamp, a qualified electronic stamp, or a qualified electronic signature, within the meaning of the European eIDAS regulation;
• Retention of the copy in conditions to avoid any alteration of its form or content, and ensuring the tracking of changes with the generation of a new footprint;
• Preservation of the fingerprints and traces generated;
• Access to reproduction and conservation devices subject to appropriate security measures.

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What interests us here then are the conditions to allow qualified electronic timestamp, allowing the integrity of the copy.

The conditions for this timestamp are mentioned in article 42 of the eIDAS regulation: Qualified electronic timestamp within the meaning of Regulation (EU) No. 910/2014.

A qualified electronic timestamp meets the following requirements:
1. It links the date and time to the data in such a way as to reasonably rule out the possibility of undetectable data changes;
2. It is based on an exact clock linked to coordinated universal time; and
3. It is signed using an advanced electronic signature or sealed using an advanced electronic seal from the qualified trust service provider, or by an equivalent method.