Sign your documents remotely

To ensure the increase in digitization of exchanges, companies will need to obtain electronic signature solutions. Here are some elements to learn more… The health crisis has highlighted that signing remotely is essential to continue carrying out administrative or commercial acts and enable the company to operate due to various lockdowns.

According to a survey on the evolution of electronic signature usage in France, conducted in January 2021 by YouGov for Universign, 26% of companies have adopted an electronic signature solution since the beginning of the health crisis. Among them, 49% used it to sign documents related to sales and 41% for documents related to human resources. However, for small businesses, there is still progress to be made: 41% are SMEs, 53% are intermediate-sized companies, and only 25% are micro-enterprises.

The increasing digitization of documents now allows companies to accelerate and optimize the exchange of information they have with administrations, banks, or other companies. Among the possibilities for remote exchanges now available to companies, we can mention filing a social or fiscal declaration, responding to a call for tender, or managing banking operations. Inter-company exchanges will be transformed due to digitization: sending electronic invoices, signing contracts for setting up a direct debit mandate, etc.

What is its legal value?

According to Article 1366 of the Civil Code: “The electronic document has the same probative force as the document on paper, provided that the person from whom it originates can be duly identified and that it is established and preserved under conditions capable of guaranteeing its integrity.”

Electronic signature has the same value as a handwritten signature in France as in the rest of the European Union since 2000. However, as specified by Decree No. 2017-1416 of September 28, 2017, regarding electronic signature, only the qualified electronic signature is equivalent to a handwritten signature. In the context of public procurement, an advanced electronic signature meets these conditions. As a European standard since July 1, 2016, eIDAS has provided a legal and practical framework for its use and has also harmonized the rules governing signatures across the entire European Union.

This European regulation defines three levels of security: standard, advanced, and qualified. The “advanced” and “qualified” levels, which involve a trusted third party (the provider of the electronic signature solution), are the most recommended for companies. They are perfectly reliable in court because they guarantee the identity of the signatories of a document while respecting the European Regulation on Data Protection (GDPR).

Source: France Num – The portal for digital transformation of companies Comply with European standards! Process security

For their validity, these remote applications require authenticating the signature of your company. It is also necessary to guarantee the integrity of the signed act. Therefore, the company needs to have a certificate and a digital application dedicated to electronic signature. Affixing a signature commits the signer. Thus, electronic signature certificates are nominative and issued to only one natural person duly identified (like a bank card). The company must plan and obtain a certificate for each person authorized to sign on behalf of the company. The holder of a certificate who signs a document is personally committed. Thus, they are the only one who can use it. The rules to be followed for these authentication and signature processes are defined by the public authorities in the General Security Repository (RGS).

The banking profession has adopted this RGS. It requires different levels of security depending on the type of operation, characterized by one, two, or three stars. RGS 1, for example, is used in the implementation of online tax declaration for individuals. RGS 2 requires, among other things, that the certificate be provided to the user on a physical medium (secure USB key). This is the current standard required for exchanges between companies and administrations.

What is an electronic signature?

An electronic signature is a process that ensures the integrity of an electronic document and authenticates the author, just like the handwritten signature of a paper document. It has the same legal value as a handwritten signature. It differs from a written signature in that it is not visual but corresponds to a sequence of characters. What type of electronic signature to use? The choice of the signature level, as defined by eIDAS, depends on the usage and the importance of the document to be signed. In case of dispute, the higher the reliability level of your signature, the more difficult it will be to challenge the validity of the signed act and the commitments it contains. Depending on the case, the appropriate level of security will be chosen. Some digital solutions for electronic signing: