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 agreement between Carrefour Banque and a borrower. In summary:

  • It shows that the evidence file in no way demonstrates the identity of the signatory because it is not supplemented by documentation of the process proving that the authenticators (email address, telephone number) appearing there are indeed those of the presumed signatory;
  • She herself analyses, using the documents produced, the level of signature used and demonstrates that, contrary to the bank's claims, it was not a qualified signature, and therefore presumed to be reliable;
  • She criticises the lack of a link between the signed contract and the evidence file (e.g. a common reference), joining a position now constant in case law on this subject.

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