In a world where digital exchanges are becoming increasingly common, electronic signatures are becoming an essential tool for many companies. But when it comes to scanned versions of handwritten signatures, questions often arise about their scope and legal validity. So, what is a scanned handwritten signature really worth? Is it as reliable as a certified electronic signature? In this article, we break down the issues and legal implications of this seemingly simple act, which can raise complex questions.
Scanned signatures: case law is evolving
Several informed media outlets recently reported on a decision by the Court of Cassation concerning the legal validity of a scanned signature. In an article, the editorial staff of Les Echos Emploi Les Echos Emploi reports on a decision by the Court of Cassation, Commercial, Financial, and Economic Chamber, dated March 13, 2024 argues that a scanned signature does not have the same value asan electronic signature and can therefore be legitimately contested. It therefore rules in favor of the signatories to a promise of sale who contested the legal validity of their signatures on the grounds that they were simply scanned. This decision is likely to set a precedent and serves as a reminder that, according to the judges, a scanned signature does not provide certainty as to the identity of the signatory or their consent to the act.
In this particular case, it is interesting to note that case law is evolving. As Caroline Dubuis-Talayrach, a lawyer at the Aix-en-Provence Bar, rightly points out in a recent article published in Le Journal De l'Agence, in 2022, the Court of Cassation upheld the validity of a fixed-term employment contract signed by the employer using a digital signature. The court justified its decision on the grounds that the manager's signature could not be contested...
Opting for electronic signatures: the choice of peace of mind
If you are a business owner or Chief Financial Officer (CFO), what conclusions should you draw from this recent decision by the Court of Cassation?
- The Court of Cassation clarifies the limits: since the decision of March 13, 2024, it has been clear that scanned signatures, although valid, do not enjoy the same presumption of reliability as electronic signatures. It cannot therefore be treated as equivalent to the latter, which exposes companies to legal risks.
- No presumption of reliability : unlike electronic signatures, which benefit from a presumption of reliability thanks to identification and security procedures, scanned signatures remain vulnerable and can be challenged.
- A legal risk for executives : a scanned signature may not be sufficient to prove the identity of the signatory and the integrity of the document, which could weaken the company's position in the event of a dispute. The validity of the document may then be challenged.
- Priority for qualified electronic signatures : to avoid disputes and guarantee transaction security, managers would be well advised to adopt an advanced or qualified electronic signature that complies with the eIDAS regulation – "electronic IDentification, Authentication and Trust Services," referring to EU Regulation 910/2014 governing electronic identification and trust services in Member States. This type of signature ensures a presumption of reliability, thereby better protecting the interests of the company.
8 reasons to use electronic signatures
- Increased legal reliability: electronic signatures, particularly advanced or qualified signatures, benefit from a presumption of reliability recognized by law, which limits disputes in the event of litigation.
- Enhanced proof of identity: qualified electronic signatures include authentication processes that verify the signer's identity, ensuring better traceability. The person who used the electronic signature to sign a document cannot revoke it.
- Document integrity guaranteed: with electronic signatures, any changes made to the document after signing are detectable, ensuring that the document remains unchanged since its validation.
- Compliance with international standards : the electronic signature complies with eiDAS regulations. It is recognized and accepted at the European level, facilitating cross-border transactions.
- Time savings and ease of use: unlike scanned signatures, which require printing, signing, and scanning documents, electronic signatures allow for immediate online validation without the need for paper.
- Enhanced security : electronic signatures use encryption processes and digital certificates, providing enhanced protection against attempts at falsification and fraudulent use. This is essential at a time when AI tools are becoming increasingly sophisticated.
- Reduced environmental impact: by eliminating the printing and scanning stages, electronic signatures promote dematerialization, reducing paper use and associated emissions.
- Better document management: electronic signatures can be easily integrated into electronic document management (EDM) solutions, facilitating the archiving, searching, and tracking of signed contracts.
When it comes to security, reliability, and legal compliance requirements, electronic signatures are proving to be a much more robust solution than scanned signatures. Whether to enhance traceability, guarantee document integrity, or simplify processes, they offer companies a modern and effective alternative. Docoon, a leading French publisher in the development of digital trust services, offers companies a reliable, secure, simple, and efficient electronic signature solution that is reliable, secure, simple, and efficient.
