Electronic signature has been legally approved in France for at least 20 years now. Unlike handwritten signatures, it allows contracting with partners online, without the need to travel.
Its use is based on certain mandatory principles that give it its validity. In this article, we invite you to discover the essential principles of electronic signature in France.
Electronic Signature: What Is It?
Electronic signature is a process by which a person, called a signatory, affixes their signature (agreement) to a digital document. This process involves legal, practical, and technical factors.
Electronic signature involves three elements: the signatory, the document to be signed, and the tool for signing. Contrary to what everyone might spontaneously think, the signing tool is not an electronic stylus.
In the context of an electronic signature, it is rather a digital certificate.
What Are the Principles of Electronic Signature?
Electronic signature is based on several principles. The first is the possession of the electronic or digital certificate.
This is an element used to identify the signatory and, at the same time, guarantee the integrity of the signed document by sealing it. Without a digital certificate, your electronic signature is invalid.
Does Electronic Signature Have Legal Value?
It was the law of March 13, 2000 that introduced electronic signature into French law. According to this law, electronic signature enrolls the consent of the signatory and satisfies the same privileges as a handwritten signature.
However, Article 1367 of the Civil Code specifies that it must be subject to the use of an authentic method of identification. This method will guarantee its connection with the act it sanctions. It can therefore be concluded that electronic signature has the same legal value as a handwritten signature.
Furthermore, electronic signature has another specificity. Indeed, it ensures the integrity of the signed document by certifying the precise state of the document at the time the signatory affixes their consent.
In other words, electronic signature acts as if every part of the document were initialed. This makes it a more secure process for both contracting parties.
When to Use Electronic Signature?
Electronic signature can be used in all situations involving a dematerialized document. It is therefore valid for contracts, payments, invoices, etc.
Thanks to this process, it is easier to subscribe to online services. The provider will only need to register your registration on their website and then send you the documents to be signed by mail.
You just have to sign them and send them back to the provider.
It is worth noting that we regularly use electronic signatures without realizing it. Every time we receive an SMS code to enter to validate a payment, it is a unique digital certificate that is activated. This process is equivalent to using an electronic signature.
How to Make an Electronic Signature?
If you choose to use electronic signature, know that you will benefit from multiple advantages, the most direct being time and resource savings. How does it work?
Firstly, you will no longer need to budget for letterhead paper;
Also, you will no longer have to travel for miles for a single signature.
Just an email and a few clicks to validate and sign your contract. Moreover, asymmetric cryptography is a security process that makes electronic signature more reliable.
Prerequisites
To make an electronic signature, you must first generate it.
To start, the signature platform ensures that the signatory has a verifiable identity through their digital certificate. It also sets up a specific tool to allow them to sign.
This way, it guarantees the incorruptibility of the document as well as the commitment of the signatory. As soon as you wish to obtain the signature(s) of your partners, you must go to the platform to authenticate yourself.
You will be asked to fill out forms to create your collection, import the document(s) to be signed, and then specify the name of the signer(s).
At this stage, you will enter for each signer in the form, their names, email addresses, and phone contacts. You will then have to place where the signatures should be placed (according to the platform’s instructions). Finally, you can launch the signature collection.
For more information on digital certificates, click here.
Signature Apposition
The signatory receives an email inviting them to review and sign one or more documents. They click on the link/button attached to the notification to access the signature page.
The documents to be signed are displayed on their screen with a space reserved for the signature. Using their stylus, they can sign and then check the box “I accept the T&Cs.” Once done, they receive a code via SMS that they enter in the appropriate text field and validate their signature.
Nowadays, handwritten signature, which has long been used, still has its place in society. However, the rapid evolution of technology, which facilitates international exchanges through the creation of dynamic tools, has given way to dematerialized solutions.
Electronic signature is one of these solutions that further accelerates transaction processing to boost the quality of international exchanges.
