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legal & digital

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The Data Act has been applicable since September 12, 2025, and it does not only apply to connected data from the IoT. It also targets all European added service providers in SaaS mode, for example in the field of EDM, accounting, invoicing, archiving, etc. which will now have to allow their customers to terminate for convenience at any time and a reversibility whose scope is difficult to apprehend. It is not just a tool for digital sovereignty. It is also a text with dangerous side effects for national European suppliers, sometimes fragile, whose customers are offered on a platter the possibility of switching to competition, why not American...
The Data Act does not apply to ongoing contracts. But it requires SaaS providers to think in-depth about the applicability of the text to their services and the modification of their T&Cs.
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In May 2025, we published an article on this site entitled: "Electronic signature, judges are rebelling". Well, they are fighting back even more because the trend is continuing. Since then, many decisions concerning electronic signature have been handed down by courts of appeal, including a good number of refusals which, for the first time, concern professional leasing and real estate loans.
Their analysis is rich in lessons.
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Under French law, the definition of an electronic signature (Art. 1367 Al.2 Civil Code) implies a "link" between the act and the signature identifying its author. This notion of link is also found in the definition of the advanced signature in the European eIDAS Regulation (Art. 26) which states that the advanced signature must be "unequivocally linked to the signatory". But the meaning of this link is not obvious. We believe that it can be understood according to three approaches: a conceptual approach that projects onto the electronic signature a characteristic of the handwritten signature; a technical approach defining it via the electronic signature technology; and finally an opportunistic approach linked to the development of the on-the-fly certificate and the notion of evidence file, widely adopted by French judges.