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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.
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By a judgment handed down on February 14, 2024 (Social Chamber, No. 22-23.073), the Court of Cassation undermined the supposedly absolute nature of the right of individuals to be informed of the processing of personal data concerning them.
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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.
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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.
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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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The Social Chamber of the Court of Cassation issued a judgment on March 8, 2023 (Social Chamber No. 21-12.492) recalling, in reference to point (4) of the introduction to the GDPR, that "the right to the protection of personal data is not an absolute right and must be considered in relation to its function in society and balanced against other fundamental rights, in accordance with the principle of proportionality."
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