Electronic signature: judges are rebelling

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The reasons for refusals are very homogeneous: lack of production of a proof file and/or "proof of an electronic signature, even if it is simple, implies more than the mere mention of an electronic signature at the bottom of a document, even accompanied by documents establishing the existence of relations between the parties" (CA Riom 19 March 2025 RG n° 24/00497; CA Douai 27 March 2025, RG n° 22/05040 and RG n° 22/05041; CA Paris 3 April 2025, RG n° 23/19316; CA Rouen 10 April 2025, RG n° 24/01774).

  • The impact of the production of a reasonably convincing evidence file on the judicial recognition of the electronic signature is not new. Judges are now firmly committed to it and it is an essential part of this type of dispute.
  • What is new is the assertion taken up almost word for word by different jurisdictions (Riom, Douai, Paris, Rouen) according to which the mere mention "electronic signature" in the contract is not sufficient to establish its reality. This is obvious, but the important thing to remember is that judges are beginning to have a level of maturity on the subject that allows them not to be fooled by poorly put together and incomplete files.

 The electronic signature is not only a boring technical subject to be treated with contempt – it is also a societal issue, touching on the complex areas of remote identification, consent, and the exact role of "trusted service providers" depending on the level of signature implemented. 

Also read

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the Court of Appeal of Pau (CA Pau, February 12, 2026, RG n°25/01900) has just issued a very interesting decision relating to the place of conclusion of an electronically signed contract. In that judgment, which concerned an employment contract, it considered that opting for the place of physical location of one or the other of the parties to designate the place of conclusion of the contract does not make sense, because that alleged location results from an IP address, which can be changed or falsified, and adopting that position would lead to a high degree of legal uncertainty.
The impact of this decision is directly related to the question of the law applicable to the contract and/or the competent court when, in the event that the parties had the freedom to choose them, they did not do so.
This is a first, and a very interesting one!
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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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