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

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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 contract between Carrefour Banque and a borrower.