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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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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