Articles

Judges and electronic signatures definitely do not mix well

May 31, 2023 Isabelle Renard

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.

The right to protection of personal data is not an absolute right

Apr 30, 2023 Isabelle Renard

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."

Developments in case law on electronic signatures

Jan 31, 2023 Isabelle Renard

In 2022, the number of decisions rendered at the level of the Courts of Appeal on electronically signed documents increased significantly.

The courts do not recognize the validity of an electronically signed employment contract

Oct 30, 2022 Isabelle Renard

The Riom Court of Appeal issued a decision on October 4, 2022 (RG No. 21/02517) which is noteworthy since this court refuses to take into account an electronically signed employment contract.

A Court of Appeal expressly validates the proof agreement clause included in the electronically signed contract: a first of its kind

May 31, 2022 Isabelle Renard

The Douai Court of Appeal (28/04/2022 RG n°22/471) issued a judgment validating the electronic signature of a rental contract with option to purchase concluded between a professional and an individual on the basis of the convention on proof included in the contract.

Electronic signature: impact on litigation of the certification of the solution implemented

Oct 17, 202 Isabelle Renard

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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