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.

Also read

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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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The rulings handed down in early September 2020 by the Toulouse (CA Toulouse, 3rd Ch., 4 September 2020, RG n°19/01990) and Lyon (CA Lyon, 6th Ch., 3 September 2020, RG n°19/06466) Courts of Appeal place a significant emphasis on the certification of the signature solutions implemented. However, it is still necessary to understand the scope of these certifications and their real impact on the reliability of the electronic signature.
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