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.

This sanction recalls the importance in an electronic signature dispute of producing a clear file presenting the process implemented, its technical reliability and, of course, the way in which the signatory was identified.

See full article in EXPERTISES FEBRUARY 2024, p.27

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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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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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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