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legal & digital

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The European eIDAS V2 Regulation, published in 2024, is best known for the creation of an European wallet comprising standardized digital identity functions. But it has also added to the list of the trust services, such as electronic signature or electronic seal, a "qualified archiving service" which has just taken on its full materiality with the publication on December 16, 2025 of the implementing regulation defining its reference standard.
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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, which some companies, and even their lawyers, seem to be unaware of, as they see this text as a free and perfect opportunity to terminate a contract or to require the provision of information not provided for in the contract. They must moderate themselves, because the Data Act only applies to contracts concluded after September 12, 2025, which must now include clauses that make it possible to best adjust the provisions of the text.
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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.