The process of scanning signatures, while valid, cannot be assimilated to that used for electronic signatures, which are presumed to be reliable under Article 1367(2) of the French Civil Code.
On 15 May 2018, company X obtained equity financing from company Y.
However, as company X quickly became unable to repay the loan, company Y sought to enforce a unilateral undertaking to sell, also dated 15 May 2018, from which it claimed to benefit in the event of default on repayment of the loan.
The Court of Cassation upheld the decision of the Court of Appeal, which had rejected company Y’s claim, stating that “the decision rightly holds that the process of scanning signatures, while valid, cannot be assimilated to that used for electronic signatures, which are presumed to be reliable under article 1367, paragraph 2, of the Civil Code”.
It is clear that while a scanned signature may constitute a valid signature process if it identifies its author and demonstrates the author’s consent to the obligations arising from the contract, it does not have the same value as an electronic signature, which is a process regulated by law.
While an electronic signature is therefore presumed to be reliable, the burden of proof for a scanned signature lies with the person who intends to rely on it as a signature.
What happens in practice?
In order to anticipate (as far as possible) any possible dispute concerning the signing of a contract, we recommend that you:
- Either sign by hand – this also has the advantage of bringing people together around the table and formalizing and “sacralizing” the beginning relationship: the physical meeting is always a must !
- Or use certified electronic signature software: sometimes quicker and simpler!
In either case, LINKEA can help you draw up and formalize your contracts!
