Electronic signature: judges are rebelling

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Over the period from the end of March to mid-April 2025, the Courts of Appeal issued about fifteen decisions on electronic signatures. Nearly half of them refuse to acknowledge the signing of the contract electronically, which is an exceptionally high ratio compared to what we used to see. We have analysed these negative decisions
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Digital Accessibility: Are You Ready?

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Digital accessibility is an obligation for all e_commerce sites for new services from June 28, 2025. Existing "similar" services have an additional 5 years to comply with these obligations. But what is a "similar" service really?
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Electronic signature: overview of case law 2024

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Decisions relating to electronic signatures are increasing in number. More than 200 decisions on the subject were handed down by appeal courts in 2024, twice as many as the previous year. This trend is only likely to continue as the use of electronic signatures becomes widespread across all sectors.
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Scanned signature is a dubious practice

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On March 13, 2024 (Commercial Chamber, 22-16.487), the Court of Cassation issued a very interesting ruling on the limits of using scanned signatures to attest to the identity and consent of their author.
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GDPR information obligation hit by a knife

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By a judgment handed down on February 14, 2024 (Social Chamber, No. 22-23.073), the Court of Cassation undermined the supposedly absolute nature of the right of individuals to be informed of the processing of personal data concerning them.
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The simple electronic signature: not so simple after all

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The Versailles Court of Appeal, in a judgment handed down on November 28, 2023 (CA Versailles, No. 22/06599, Caisse d'Epargne et de Prévoyance IDF v. MX), refused to recognize the reality of the simple electronic signature of a personal loan contract. This is not a rejection, in itself, of the simple level of electronic signature, but rather a sanction for the numerous gaps and imprecisions in the bank's argument in this case.
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Electronic signature does not constitute consent

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On June 8, 2023, the Orléans Court of Appeal issued an original and very well-argued ruling on electronic signatures (RG No. 22/00539), concerning a personal credit contract between Carrefour Banque and a borrower.
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Judges and electronic signatures definitely do not mix well

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On April 20, 2023, the Versailles Court of Appeal issued a decision (RG No. 22/04814) by which it recognized the validity of the electronic signature of an account agreement concluded between the Caisse de Crédit Mutuel d'Erquy-Pleneuf and a consumer, but on the basis of a totally astonishing motivation.
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The right to protection of personal data is not an absolute right

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The Social Chamber of the Court of Cassation issued a judgment on March 8, 2023 (Social Chamber No. 21-12.492) recalling, in reference to point (4) of the introduction to the GDPR, that "the right to the protection of personal data is not an absolute right and must be considered in relation to its function in society and balanced against other fundamental rights, in accordance with the principle of proportionality."
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