Electronic signature in detail

Digital technology has invaded our lives. It’s only natural that it’s also found its way into businesses. We use the internet to receive messages, hold video conferences, share files in the cloud, and more. We can even sign important contracts online. This is called electronic signatures, and this process can’t be improvised. Simply copying and pasting your signature isn’t enough for it to have legal value. Let’s take a detailed look at the legislative framework, its use, the rules to apply, and, of course, how to sign your documents online.

An act that has precise rules

When it comes to signing important documents (agreements, contracts, etc.), many businesses still rely on paper. But with the pandemic, companies have realized that sharing documents can be problematic. So, they’ve turned to “virtual signatures,” but a few clicks aren’t enough for that signature to be legally valid.

Signing a document online must indeed follow different legal texts. This online signature has been recognized in France (and in Europe) since 2000 (law n°2000-230). Its legal value is established in articles 1366 and 1367 of the Civil Code. In 2016, the eIDAS (Electronic IDentification And Trust Services) regulation appeared and ratified the process and established three levels of security: basic (simple digitization of the signature, without any particular legal value), advanced (SEA, implemented via certified creation data) and qualified (SEQ, follows the requirements of the National Agency for the Security of Information Systems). The more important the document to be signed, the higher the level of security must be. But to obtain a qualified electronic signature, it is imperative to go through an electronic certification service provider (PSCE). The signature is then recognized as being specific to the signatory, produced by means exclusively used by the signatory ,and not being falsifiable.

How to use this process correctly

To sign an online contract, invoices, quotes, balance sheets, purchase orders, real estate contracts or to transfer money securely, this signature is essential today.

But for this signature to have any real value, it must be certified and authenticated. To do this, it’s recommended to use a service provider who will formalize the signature by law. Of course, you can do without this, but the legal framework must be respected in every respect for the signature to be recognized. Without this, all the documents you have signed could be invalidated.

A simple signature (you sign your documents yourself and must be able to prove that this signature is indeed yours) can be contested, which is not the case for an advanced signature via a service provider. In this case, the signature is considered reliable in court.

Using an online signature saves a lot of time. There’s no need to travel to deliver or sign the document, and there’s no archiving (everything is online). There’s no need for storage space, and there’s no cost associated with mailing or printing documents.

A very simple signature recognized by law

For your signature to be legally valid, it must be advanced or qualified. To do this, you must go through a PSCE (Professional Certificate of Professional Responsibility). This will allow you to obtain a certificate that guarantees the validity of the initial.

Once you’ve contacted a service provider, you’ll have little to do to sign, share, and store your documents. Everything is done online. You download the document to be signed, initial it, and then forward it to the appropriate person. That’s it. Then simply store it in your cloud archive. You can access the document whenever you want and track the progress of an agreement without wasting any time.