Security
Are electronic signatures legal in France? Code civil, eIDAS and notaires
Yes. Articles 1366 and 1367 of the Code civil give electronic writing and signatures the same evidential value as paper, provided the signer can be identified and the document's integrity is guaranteed. Only a qualified electronic signature is presumed reliable; for other signatures the person relying on them must prove reliability. Handwritten wills, some family-law and personal guarantee documents, and property sales before a notaire have special rules.
France was early to electronic signatures (its Code civil has recognised them since 2000) and today French landlords, employers and banks use them routinely. But French courts are strict about proof, and a scanned signature image is not the same as an electronic signature in French law.
The short answer
- Electronic signatures are legally valid in France under articles 1366 and 1367 of the Code civil, alongside the EU eIDAS Regulation.
- Any electronic signature can be valid, but only a qualified electronic signature (QES) is presumed reliable. For other signatures, the person relying on the document must prove the process is reliable.
- A scanned image of a handwritten signature is not an electronic signature under the Code civil and does not benefit from the presumption.
- Holographic wills must be handwritten. Certain family and succession documents and personal guarantees given outside a professional context cannot use the electronic contract rules.
- Property sales are done by acte authentique before a notaire, who may work electronically, including remote powers of attorney signed with a QES.
The law
Electronic writing (article 1366)
Article 1366 gives electronic writing the same evidential value as writing on paper, provided the person it comes from can be duly identified and it is created and kept in conditions that guarantee its integrity.
Electronic signature (article 1367)
Article 1367 defines a signature as what identifies its author and shows their consent to the obligations in the act. When it is electronic, it consists of the use of a reliable identification process guaranteeing its link with the act.
The article then adds the key rule: the reliability of the process is presumed, until proven otherwise, when the signature is created, the signer's identity assured and the act's integrity guaranteed under conditions set by decree.
The 2017 decree: only QES is presumed reliable
Décret n° 2017-1416 of 28 September 2017 sets those conditions: the presumption applies to a qualified electronic signature within the meaning of eIDAS. In other words:
| Level | Valid in France? | Who must prove reliability if contested? |
|---|---|---|
| Simple electronic signature (SES) | Yes | The party relying on the document |
| Advanced electronic signature (AdES) | Yes | The party relying on the document (easier to prove) |
| Qualified electronic signature (QES) | Yes, equivalent to handwritten | The party contesting it |
ANSSI, the national cybersecurity agency, is the French supervisory body for trust services and qualifies trust service providers; the qualified providers appear on France's trusted list.
What the courts have said
- Cour de cassation, chambre commerciale, 13 March 2024 (n° 22-16.487): a scanned signature is a valid process in itself, but it cannot be treated as an electronic signature benefiting from the presumption of reliability. If the signer disputes it, the presumption does not help the other side.
- Cour de cassation, chambre sociale, 14 December 2022 (n° 21-19.841): an employer's scanned signature on a fixed-term contract (CDD) did not amount to an absence of signature, so the contract was not requalified as permanent. The lower court had noted that a scanned image is not an electronic signature under article 1367, and the decision turned on the fact that the employer's authorship was not disputed.
The lesson: a proper electronic signature process with an audit trail is much safer than pasting a signature image.
Documents you cannot sign electronically (or need a special signature)
Article 1174 lets a written document required for the validity of a contract be made electronically. Article 1175 then makes two exceptions for acts signed privately (sous signature privée):
- acts relating to family law and succession (with an exception for divorce by mutual consent agreements countersigned by lawyers and filed with a notaire); and
- acts relating to personal or real securities (guarantees, pledges), civil or commercial, unless made by a person for the needs of their profession.
| Document | Rule |
|---|---|
| Most contracts, sales terms, NDAs | Any electronic signature, with evidence |
| CDD and other employment contracts | Electronic signature accepted |
| Residential lease (bail) | Electronic signature accepted |
| Personal guarantee (cautionnement) by a private individual | Not by the electronic private-act route |
| Family and succession private acts | Excluded, with the divorce agreement exception |
| Holographic will (testament olographe) | Handwritten only |
| Property sale, mortgage | Acte authentique before a notaire |
Wills
A testament olographe must be entirely written, dated and signed by the testator's hand. A typed or electronically signed will is not a valid holographic will. The alternative is a will made before a notaire (testament authentique).
Notaries: acte authentique électronique
French notaires have been able to draw up electronic authentic acts since the mid-2000s, signed on screen in their office. Décret n° 2020-1422 of 20 November 2020 permanently allows a notaire to draw up a power of attorney (procuration) remotely: the party is identified and consents over an approved secure video system, and signs with a qualified electronic signature in that process. Many property purchases now use such a remote procuration. The sale deed itself is still an authentic act drawn up by the notaire.
Common situations
Employment contracts
A CDI has no general form requirement. A CDD must be in writing and signed, and handed to the employee shortly after hiring; without a signed written contract it risks being requalified as permanent. A proper electronic signature satisfies the writing requirement under article 1174; as the 2022 decision shows, a pasted image is the risky option. Payslips can also be issued electronically unless the employee objects.
Leases (bail d'habitation)
A residential lease must be in writing under the 1989 law on residential tenancies. Landlords and agencies commonly sign leases, inventories (états des lieux) and addenda electronically, and this is accepted under articles 1366 and 1367. Keep the full audit trail.
Registered letters (lettre recommandée électronique)
The Code des postes et des communications électroniques treats an electronic registered letter as equivalent to a paper one when it is sent through a service meeting the qualified electronic registered delivery requirements of eIDAS. Many notices that must be sent "par lettre recommandée" can use it, with the recipient's consent where they are a consumer.
Company documents
Board minutes, shareholder decisions and share transfer orders for SAS companies are regularly e-signed; check the company's statutes for any form clause.
How to get a qualified certificate in France
QES in France is provided by qualified trust service providers on the French trusted list, qualified under ANSSI's supervision. Most people meet QES through a platform (for a bank loan, a notarial procuration or an HR document) where the provider checks their identity (by video, in person or with a national digital identity) and issues a one-time or short-term certificate on a remote QSCD. Professionals can also buy certificates on a smart card or USB token. The public digital identity services, such as France Identité, are primarily for identification.
Where KovaPDF fits
- [Request Signatures](/request-signatures): for leases, CDI and CDD contracts, NDAs, supplier contracts and approvals. Signers get private links, sign without an account, and every party receives the signed PDF with a certificate of completion (names, emails, times, IP addresses, browser) and a trusted timestamp sealing the file. Legally this is a simple electronic signature with evidence: valid, but without the QES presumption, so the evidence file is what you rely on if someone contests it. It is a proper electronic signature process, not a pasted image.
- [Sign PDF](/sign-pdf): places a signature image. Fine for everyday forms; for contracts, the Cour de cassation's 2024 decision is a good reason to prefer Request Signatures.
- [Digital Signature](/digital-signature-pdf): sign with your own .pfx or .p12 certificate, with a timestamp and long-term validation. French QES keys are normally held on a card, token or remote service and cannot be uploaded to any website; use the provider's tool for a QES.
- [Verify PDF Signature](/verify-pdf-signature): check a signed PDF, including whether it was modified and who signed.
No online tool replaces a handwritten will or a notaire's authentic act.
Common questions
Is an electronic signature legally valid in France?
Yes. Articles 1366 and 1367 of the Code civil give electronic writing and signatures the same evidential value as paper, if the signer can be identified and the document's integrity is guaranteed. Only a qualified electronic signature is presumed reliable; for others, reliability must be proved if contested.
Is a scanned signature valid in France?
A scanned signature is not an electronic signature under the Code civil. The Cour de cassation held on 13 March 2024 that it does not benefit from the presumption of reliability, so if the signer disputes it, you must prove the document is theirs by other means.
Can a CDD be signed electronically?
Yes. A fixed-term contract must be written and signed, and an electronic signature satisfies that. In 2022 the Cour de cassation also refused to requalify a CDD bearing the employer's scanned signature, but a proper electronic signature process is the safer option.
Can I sign a lease (bail) online in France?
Yes. A residential lease must be in writing, and electronic signatures are commonly used for leases and inventories. Keep the signed file and the audit trail.
Is DocuSign valid in France?
Yes. Standard signatures on DocuSign and similar platforms are valid electronic signatures under article 1367 but are not presumed reliable, so the audit trail is your proof. Where you need the presumption, use a qualified signature, which such platforms offer through qualified providers.
Can a will be signed electronically in France?
No. A holographic will must be entirely written, dated and signed by hand. Otherwise, a will can be made before a notaire as an authentic act.
Can I buy property in France without being there?
Often yes, by giving a notarial power of attorney remotely. Since décret n° 2020-1422, a notaire can draw up a procuration with the party identified over an approved video system and signing with a qualified electronic signature. The sale itself is still an authentic act drawn up by the notaire.
Who supervises qualified signature providers in France?
ANSSI, the national cybersecurity agency, is the French supervisory body under eIDAS. Qualified providers appear on France's trusted list, which signature software checks.