Scanned signature is a dubious practice

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.

The process of scanning signatures is valid, but it cannot be considered as a presumed reliable electronic signature within the meaning of Art. 1367 Al.2 of the Civil Code (i.e. a qualified electronic signature within the meaning of the eIDAS Regulation).

In this case, the Court of Cassation considers that in order to grant value to the scanned signature affixed to the contested promise of sale, the signatory would still have had to have previously consented to it, which he had not done.

Our advice is to avoid using scanned signatures as the sole proof of a party's commitment to high‑stakes acts. The Court of Cassation rightly notes that qualified electronic signatures should be used to legally secure the signing of an electronic document.