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comment lusurpation didentite peut elle etre limitee grace a la signature electronique 2

Electronic signatures are becoming more and more popular as companies are going digital, which is happening quicker and quicker! Private individuals are no different either, as they’re using them more and more as well. However, a lot of you have probably already wondered whether there is a risk of someone stealing your identity through the use of electronic signatures, or how you can best protect your personal information online. Our first tip: never give anyone the SMS code that is sent to your mobile phone, as someone could use it to electronically sign a document in your name! It’s also important to note that electronic signatures are very strictly regulated by the European eIDAS regulation. This regulation standardises the different laws of all the member states on this issue, provides a level of trust to relationships between signatories and reinforced the legal framework by creating the Trust Service Provider statute (TSP), to offer recognised services in Europe. As such, electronic signatures guarantees both the integrity of a signed document, as you can be sure that the content will not be modified in your name, and the identification of the signatories, as they have the same probative value as a handwritten signature. For both handwritten and electronic signatures, identify theft is a major issue that needs to be tackled. So how do electronic signatures help to defend you from identify theft, and what guarantees can we give you regarding the protection of your personal information? Read on to find out.

Let’s start from the beginning…

Are electronic signatures legally recognised in France?

The answer is yes, but only under certain conditions. To demonstrate the legal value of an electronic signature, the signatory must be identified in a reliable way, and the integrity of the signed document must be guaranteed. This is therefore a legal operation. In France, Article 1367 of the Civil Code defines the electronic signature as proof which is equally effective as a handwritten signature. Electronic signatures are therefore accepted in courts of law, as their reliability is recognised.

Different signature levels for different levels of protection

The eIDAS regulation provides for three signature levels: simple, advanced and qualified. These three types of signature are executed using different electronic identification methods, allowing you to better manage the risks of identity theft. However, the electronic signature is not just a technical matter. This is indeed a legal operation, but one which need not detract from the user experience. It’s for this reason that a fourth level has developed within the market: advanced with qualified certificate. 

The simple electronic signature is issued without a personal certificate in the name of the signatory and is based on personal information (phone number, email address) provided by the person who wants the document signed. Our simple signature process is reinforced and acquires greater legal value thanks to the addition of an authentication stage via a code sent to the signatories by text message.

The advanced signature uses more reliable identification methods and requires the creation of a certificate issued in the name of the signatory, containing information taken from an ID document that they send. The identification documentation is managed by a TSP. The level of identification is higher with this type of signature. There is also an authentication stage via an SMS code, which is essential to complete the signature.

The advanced signature with a qualified certificate is completed with a certificate that requires the signatory to send an ID document and for there to be a face-to-face meeting between the future certificate holder and the opérateur d’enregistrement. The registration operator will physically check the signatory’s identity in addition to their ID document, thus ensuring that the information is accurate. The issued certificate can then be classed as “qualified”. As with the simple and advanced signatures, this type of signature must be authenticated through the use of an SMS code.

As for qualified signatures, they are done using a qualified certificate and a qualified device for creating signatures. They carry a presumption of reliability. In this case the identification is presumed to be reliable, leading to a reversal in the burden of proof. As such, it is the person who questions the identity that will need to prove that it’s false.

In summary, the higher the security level of a signature, the more checks there are to confirm the identity of the signatory, either in person or remotely, thus reducing the risk of identity theft. 

Timestamps also provide an additional level of security and thus help to guarantee the integrity of the document you’re signing. As a certified TSP, in accordance with the eIDAS regulation, our electronic signatures always include a qualified timestamping service. Remember, a qualified timestamping guarantees the existence of a file at a given date, and that it has not been modified since (principle of integrity).

What guarantees do we offer for the protection of your personal data?

The security and confidentiality of the personal data of our users are at the heart of our business. As such, the security measures that we implement go beyond the requirements established by the European eIDAS regulation. We also ensure data is processed securely and guarantee our users’ rights related to their data, in full compliance with GDPR requirements. 

Our platform is renowned for its high levels of security. We were actually awarded security visas by the French National Cybersecurity Agency (ANSSI), allowing us to identify the most reliable IT solutions. These visas guarantee that holders have been assessed by certified laboratories, in accordance with a rigorous and proven method.

The role of Trust Services Providers in the protection of your identity

We are a long-standing player on the trust services market and one of our founding principles is to guarantee equal treatment of our customers and signatories. As a TSP, we can guarantee eIDAS compliance of signatures as well as the integrity of signed documents. We also ensure that all signature processes are clear and explicit, so that signatories can give informed consent.

And finally, we couldn’t finish this article without giving you some practical advice1 to help you protect your data better online and avoid any kind of identity theft.

  • Conceal your email address and phone number when signing up to websites or posting adverts online to avoid someone using them to steal money from you, for example;
  • Use strong passwords to protect yourself from cyberattacks;
  • Watch out for any suspicious emails that you might receive.

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professionnels signez vos documents dentreprise avec notre cachet electronique 5

The European eIDAS regulation has enabled companies and public organisations to use an electronic seal for signing documents. It acts as a genuine electronic signature for a legal entity, providing a guarantee of the source and the integrity of a document. As a certified Trust Service Provider (TSP), in accordance with the European eIDAS regulation, our trust services, including electronic seals, guarantee compliant, secure and fair digital transactions. Keep on scrolling to find out about the key features of electronic seals!

An electronic seal is the digital version of a company stamp.

Electronic seals and regulations
An electronic seal needs to satisfy the following requirements :

  • Be unambiguously connected to the creator of the seal;
  • Effectively identify the creator of the seal;
  • Be created with data which the creator may, with a high level of confidence, use under their control to create an electronic seal;
  • Be linked to the data with which it is associated in such a way that any later modification of the data would be detectable.

We also offer advanced seals with qualified certificates to provide a maximum level of identification for legal entities.

Electronic seals secure your company documents

Electronic seals guarantee the integrity and source of all kinds of digital files[lc1] . They also offer an additional guarantee in terms of the integrity of the documents. Electronic seals offer proof that the information within a document has not been modified since its creation, while reinforcing its legal value to avoid any dispute regarding its integrity or origin.

Our advanced seals and advanced seals with qualified certificates reinforce the legal value of your professional digital documents. Use them now for your company:

What kinds of documents can be signed with an electronic seal?

Electronic seals can be used to sign a wide range of different documents, including :

  • Invoices;
  • Quotes;
  • Diplomas;
  • Intellectual property documents (plans, etc.);
  • Expense reports;
  • Financial reports, and more.

What devices do I need to use an electronic seal?

Ease of use is the very essence of electronic stamps. Once you’ve created your certificate, it can then be easily used with your business software by integrating it using API Universign. It is 100% digital to provide the user with the smoothest experience possible.
And there is one final thing to mention before you contact us… if you’d like to make the most of the opportunities provided by electronic seals, we recommend that you use a TSP certified in accordance with the eIDAS regulation. Such a provider will have to comply with French regulation and offer an electronic seal service that strictly conforms to the European regulatory framework to provide an essential level of security for your digital transactions. 

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digitalisation des rh passez a la signature electronique pour vos contrats de travail 5

The digital transformation of human resources is paving the way to electronic management of all HR documents. The digitisation of these documents is becoming more and more important, helped by a favourable legal framework. The employment law that came into effect in France on 1 January 2017 enabled employers to send electronic payslips to their employees. Employment contracts are also directly affected by digitisation, due to the use of electronic signatures. This can also enhance the performance of a Human Resources Information System (HRIS) by automating a number of different HR processes. As a certified Trust Service Provider (TSP), in accordance with the European eIDAS regulation, all of our trusted services comply with current regulations, our electronic signature service in particular. So what is the reality behind the digitisation of the HR sector and what role do electronic signatures play in this? We will attempt to answer this question in the following article.

Are you the managing director of a company or an HR manager who wants to offer your employees modern and user-friendly HR services, or maybe secure and fast contract processes? Well look no further, digitisation is THE solution of the future (and the present). It enables the human resources sector to see its organisation in a new light while also making all business processes more efficient, with employees being the main beneficiaries.

Electronic signatures offer increased security to contract processes

Electronic signatures are a key element in contract processes between a company and their employees. Whether it be a contract signed by an employer or an employee, they offer proof of:

  • The integrity of the signed document, guaranteeing both the company and the employee that the content of a contract has not been modified;
  • The signatory’s identification, proving that they are indeed who they say they are.

Thanks to these two guarantees provided by our electronic signature solution, a digital employment contract has the same legal value as its paper predecessor in the eyes of the law. 

Electronic signatures and employment contracts: how does it work?

When an employment contract is sent to a future employee, they will receive an email asking them to sign it. They will then receive a text message with a code that they can use to authenticate and sign the contract. Once the document has been signed, a copy will be sent to the employer and the employee. Electronic signatures can also be easily integrated into your HRIS via API, enabling you to automate expenses and payslip management processes. Once they’ve been signed, documents can be automatically consolidated into HR software.

Do you work in HR and want to digitise your processes? 

Electronic signatures make life easier for employees
Using electronic signatures for HR administration documents provides considerable improvements to the employee user experience, while simultaneously guaranteeing that all contractual documents are secure and comply with regulations

Employees can easily sign and manage various different kinds of documents:

  • Employment offers: the recruitment process will be faster as the future employee will be able to sign online without travelling;
  • Employment contracts: future employees can even sign these kinds of documents online in a single click;
  • Expense reports;
  • Job interviews: provides traceability for exchanges with candidates;
  • Contract amendments.

In addition to simplifying the day-to-day lives of employees, electronic signatures also digitise all contract processes. They offer many different benefits to HR departments:

  • They improve contract management procedures particularly by reducing the need to exchange documents by post or email;
  • They reduce the risk of documents getting lost as everything is stored online;
  • They make document management easier. 

Electronic signatures are ideal for recruitment

Electronic signatures, integrated into a company’s global digitisation process, enables employers to reduce legal risks when hiring a new employee and waiting for them to start, due to how quickly the key administrative procedures in the hiring process are completed. Electronic signatures thus help to significantly reduce the rate of candidate withdrawal.

Furthermore, they can help to modernise a company’s brand image as part of an employer brand strategy. They also optimise the experience for candidates during the recruitment process by allowing them to sign their employment contracts quickly and easily from the comfort of their own home, without the need to travel.

Electronic signatures also offer major savings to companies by reducing the costs of paper supplies, printing, postage and filing.

While electronic signatures should be used more widely by French employers and public organisations, many large companies and temporary employment agencies are already beginning to use them. They are a wise choice as they guarantee the security of contracts, are simple to use and quick to complete, for both employers and new employees.

Digitise your employment contracts now! 

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If you’ve never signed a document electronically and you don’t know what an electronic signature is exactly, or how it works, or if you think that an electronic signature involves scanning your own handwritten signature, then this article is for you. We will give you specific and practical information about electronic signatures, which are already widely used by a large number of companies and are an essential solution for the future. As a certified Trust Service Provider (TSP), in accordance with the European eIDAS regulation, our trust services, including electronic signatures, are guaranteed to be secure, fair and compliant. We hope that this article will provide you with useful information and maybe even convert you!

First of all, you should know that as a long-standing player on the trust services market, we can assure you that an electronic signature has never entailed, and never will entail, scanning your own handwritten signature! But on a serious note, the electronic signature process is closely regulated by a legal framework whose purpose is to protect all parties involved, whether they be private individuals or companies. 

What kinds of documents can I sign electronically?

Electronic signatures can be used on any kind of document that can be signed by hand. For example:

  • Tenancy, sale or work contracts;
  • Quotes;
  • Delivery notes.

It’s important to note that a PDF format is the only standard recognised in Europe and must contain the signature elements directly in the file itself, rather than in a separate signature file.

How does the electronic signature process work?

When you sign a document electronically, you will either receive a link by email or be able to click on a hyperlink, allowing you to access the signature page where you can see the document(s) in question.

Then the next stage is confirming your consent (“informed consent”), where the TSP makes sure that you’ve fully understood the content of the document you’re signing. Consent is given and formalised by ticking a box. You will then need to authenticate yourself using a code sent by text message. These stages are essential to the authentication process.

Once the electronic signature process has been completed and all parties have signed, you will then receive your documents by email or in your customer space.

What devices do I need to sign a document electronically?

All you need to sign a document electronically is a computer, a smartphone or a tablet, as well as a standard internet connection. You don’t need any kind of software, card reader or USB stick. The process is carried out entirely online.

What guarantees to electronic signatures provide?

An electronic signature has the same legal value as a handwritten signature and allows you to prove:

  • The integrity of the signed document, or in other words, a guarantee that the content has not been modified;
  • The signatory’s identification, proving that they are indeed who they say they are.

How do I choose the right electronic signature solution for me?

Before signing a document electronically, make sure that the services offered by the TSP comply with the European eIDAS regulation and that their electronic signature solution includes a certified timestamp (link to timestamp article).

Finally, you should also make sure that the proposed solution is well-designed, user-friendly and effective (availability and reliability).

What are you waiting for? 

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la signature electronique digitalise le monde de limmobilier 5

250 public housing offices (OPHLM), 3,400 franchisees, 12,000 co-owner syndicates, 12,000 notaries… the property sector is made up of a wide range of different parties. And what do they all have in common? They have all been affected by the digitisation of processes, which is a massive change for a sector that is so reliant on paperwork. This is where electronic signatures come in, and they have proven to be very effective, something that professionals understand very well. They provide the necessary guarantees in regard to regulatory compliance and secure digital transactions. For example, as part of their digital transformation, more and more property companies are recommending that their customers sign their tenancy agreements electronically, which saves a lot of time in the processing of files. So what are the current digitisation trends in the sector, and what are their impacts? Read on for an overview of the opportunities provided by electronic signatures for the property sector.

The digital transformation of the property sector accelerated in 2018 thanks to the ELAN law, which introduced a digital tenancy agreement. As a result, when signing a tenancy agreement, the guarantor no longer needs handwritten information and can instead use an electronic signature, which complies with the European eIDAS regulation. As a certified Trust Service Provider, in accordance with the aforementioned regulation, our trust services comply with all current regulations.

Electronic signatures make property transactions more secure

Electronic signatures enable property professionals and networks of agencies and agents to sign various different documents (selling and rental mandates, viewing confirmations, inspection reports, sales agreements, purchase offers, etc.) either in the agency or remotely, which applies to all kinds of property transactions, whether they be purchases, sales or rentals.

Do you work in the property sector? You should know that electronic signatures enable you to prove:

  • The integrity of the signed document, guaranteeing the agency, buyer and seller that the content of the contract has not been modified;
  • The signatory’s identification, proving that they are indeed who they say they are.

Electronic signatures streamline the various processes within the property sector:

  • Simplicity: it’s no longer necessary to initial each page of leases and contracts, because the electronic signature guarantees the entire document.
  • Reduced lead times: the electronic signature frees you from the constraints of geographical distance throughout the contract process. 
  • Savings: a reduction in printing, archiving and storage costs. For example, a simple tenancy agreement can easily be longer than 50 pages. 
  • Increased efficiency: you can access all your documents and those signed by your customers at the touch of a button, directly from your phone.

… and strengthen the sector’s foundations

Networks of agencies and agents

Business models for estate agents are now contingent upon the digitisation of sales and rental processes. Since these are high-stakes transactions, it is important to offer digital services that are of a high quality, involve a high level of security and provide an optimum user experience. 

DigitRE

With more than 20,000 transactions every year (and more than 100,000 documents signed each year), Digit RE Group (Capifrance, Optimhome and Refleximmo) is one of the top 5 estate agent networks in France. The Group is largely made up of networks of independent property consultants.

Our electronic signatures help to:

  • Simplify processes and improve the quality of monitoring procedures, by reducing the potential for human errors during the manual processing of documents; 
  • Reduce the time it takes to process files by removing the need to post various documents to be signed;
  • Make savings on the purchasing of office supplies and postage costs.

Specialist providers and classified advertisement sites

Leboncoin

Leboncoin is the number 1 website for posting free classified adverts in France. This ‘pure play’ company wanted to be able to sign advertisement publication contracts online with its BtoB customers. This was made possible with our electronic signature service, and now more than 2,500 contracts are signed online every month. In addition to the productivity gains achieved thanks to the reduction in transaction times, Leboncoin has also improved the conversion rate of its telemarketers.

Habiteo

Habiteo offers property developers a 3D visualisation tool and a collection of other tools to help them market new properties. Through the use of a dedicated website, customers can visit apartments that don’t even exist yet and plan their layouts. Thanks to our electronic signatures, potential buyers can reserve a property online immediately by electronically signing a pre-reservation contract, within the framework of a VEFA contract (vente en état de futur achèvement).

Public housing offices (OPHLM) and social housing rental companies

A number of laws have helped to digitise dealings between lessors and tenants by allowing electronic signatures and enabling documents to be sent electronically. The purpose was to allow lessors (private or professional) to manage their property portfolio with a number of digital solutions, such as the use of electronic signatures for property inspections and tenancy agreements, either signed in the agency or online.

Eure habitat

Eure habitat wanted to offer its customers the ability to sign rental and sales contracts electronically, in order to simplify their administration processes. Our trust service thus allowed the company to reduce costs and complete the signature process in just a few minutes, when previously it would have taken several days. 

Immobilière 3F

Immobilière 3F is the largest social housing rental company in France and a subsidiary of Action Logement Immobilier. It is made up of 14 different social housing companies and manages more than 250,000 social accommodations, shelters and businesses. The company wanted to implement electronic signatures for its tenancy agreements and property inspections. We were able to help them by enabling their documents to be signed directly through our online platform, without any interruption to the contract process.

Co-owner syndicate

By digitising their processors, co-owners of all sizes and management styles are able to send notices for meetings and general meeting minutes electronically. This secure process saves them money on postal costs. 

Union organisation

Property professionals in France are represented by the SNPI, the top French union for the property sector, which works with 8,300 different companies.

SNPI (Syndicat National des Professionnels Immobiliers)

The SNPI wanted to help its members digitise their signature processes for various different documents (tenancy agreements, sales agreements, mandates, property inspections, etc.), in order to simplify their administration procedures by streamlining the signature processes and saving time. The union also wanted to reduce the costs connected to the signing of contracts. Our electronic signature solution enabled them to achieve all these objectives, while also providing a smooth user experience.

Are you a property professional who is currently undertaking digitisation projects? 

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comment la signature electronique securise t elle le secteur de lassurance 5

Every sector of the economy has felt the impact of digitisation. As such, the digitisation of contract procedures has become a major issue. There are currently 291 insurance companies, 446 mutual societies and 37 personal protection institutions in France1. The majority of insurance companies have a good understanding of the importance of digital transformation and have thus integrated electronic signatures into their underwriting and after-sales processes. This was a good decision as not only are electronic signatures of equal legal value to handwritten signatures, but they also make commercial procedures much more efficient and significantly reduce administrative costs, thus becoming an indispensable element for the sector. As a certified Trust Service Provider (TSP), in accordance with the European eIDAS regulation, our trusted services comply with all current regulations. It is for this reason in particular that the insurance sector has relied on our electronic signature services for 12 years. In this article we’ll use a number of different usage examples to outline how electronic signatures make contract procedures more secure, which is of benefit to everyone.

The key features of electronic signatures

Electronic signatures in the insurance sector are the culmination of the digitisation of the customer journey. They are a legal cornerstone of online underwriting or contract procedures, and they serve as proof of:

  • The integrity of the signed document, guaranteeing both the insurer and the insured party that the content of a contract has not been modified;
  • The signatory’s identification, proving that they are indeed who they say they are.

Guarantee the identification of the signatory of a contract

The need for identification evolves according to the level of risk connected to your contract. As such, for health, property or car insurance contracts, considering the limited risk for the insurer that the insured party renounce their signature, it may be sufficient for identification to be declared and authenticated via text message. After all, who would want to contest their signature for car insurance and be left without cover?

As for contracts related to savings however, an insured party may be tempted to refute their signature if their chosen equity doesn’t perform as well as they’d hoped. In this context, the insurer needs a stronger guarantee of the signatory’s identification. A more binding contract like this may present a particular risk to the insurer, or even a systemic risk. As such, obtaining the correct identification documentation from the signatory is an essential part of the underwriting process. 

Our advanced electronic signature with a qualified certificate responds to this urgent need for identification. The signatory’s identification will need to be verified in person with an Opérateur d’Enregistrement Délégué (OED) during the signing process. Once this step is completed, a qualified certificate can be delivered to the signatory.

The advanced signature with a qualified certificate is also a simple way to make provident and savings contracts more secure for all parties when it comes to renewing signatures, as the same certificate with the same level of security will be used for each signing.

Determine your digital contract strategy

The first thing you need to do is figure out the level of risk connected to the contract in question. What is the nature of the contract? How about the regulatory constraints? Or the related financial risks? Is there any particular factor that could trigger a major challenge to the contracts? The appropriate signature level will depend on your answers to these questions. 

And another factor to take into account is the circumstances of the contract. Is it aimed at prospects or customers? Will it be signed from remotely, in person or through a website? Will the documents need to be co-signed? The specific circumstances of your contract will help to determine the best electronic signature strategy to adopt. 

This particular collection of challenges faced by the insurance sector is what electronic signature services need to respond to. And what is key? Providing an optimal customer experience: multi-device, multi-channel, multiple signatories and a smooth signing process. 

Are you an insurance professional who is currently undertaking digitisation projects? 

Becoming essential for professionals in the insurance sector

Whether it be digitising the underwriting process for supplementary health insurance or contract processes (life or home insurance contracts, etc.), streamlining signing processes or just simplifying administrative processes, our trust services, have been used by many different companies within the insurance sector for several years and are fully compliant with the European eIDAS regulation. Some notable examples include:

Roederer

The Roederer Group is a French general insurance broker and the largest insurance broker in the Grand Est region of France. The company handles delegated management for more than 20 insurance companies, mutual societies and personal protection institutions. 

We helped Roederer to streamline the services their customer journey, particularly the online contract signing stage of the commitment process. 

  • More than 1,500 policy contracts signed each year.

SMEREP

The SMEREP is one of 10 regional student mutual insurance companies in France, commonly known as “Smers”. Their main activity is managing Centre 617 of the student social security system, offering supplementary health insurance with a focus on protecting the health of students.

Our electronic signature solution is simple and secure and allows students to take out insurance and sign a contract online from the SMEREP website, without interrupting the contract process. 

  • More than 20,000 policy contracts signed each year.

Thélem Assurances

Thélem Assurances is a mutual insurance group that provides personal and property insurance for professionals and private individuals. 

With our help, this insurer developed a cross-channel customer experience and standardised its signature process online, in their offices and via their network of brokers. 

UGIPS

UGIPS is a management agency that specialises in group insurance.

We helped them to digitise how they designate beneficiaries for insurance products by integrating all the legal and time constraints connected to this kind of process.

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the electronic signature explained to my boss

Your “boss” is interested in the electronic signature and he is right. He instructed you to conduct a study on the subject. But you know nothing about it ! And the subject seems arduous : we speak to you of PKI, private keys, public keys, asymmetric cryptography … In a word : you would like to see more clearly. Do not panic, this post is for you : you will find a compilation of the main questions usually asked about the electronic signature.

What is the purpose of the electronic signature ?

The electronic signature is to a digital document, which the handwritten signature is to a paper document. Just like a paper signature, an electronic signature has the sole purpose of demonstrating to a third party that the document has been approved by an identified person. This is a reliable engagement mechanism using cryptographic techniques.

Does the electronic signature have a legal value?

Yes. Today, writing in electronic form is admitted as evidence in the same way as written in paper form, provided that the person from whom it is made can be duly identified and that it is established and kept under conditions of nature to ensure its integrity. The legislation (and in particular article 1316 of the Civil Code) defines the electronic signature as “the use of a reliable identification process guaranteeing its connection with the act to which it relates”.

What are the main benefits of electronic signatures ?

The electronic signature mainly offers :

  • The ability to sign a document without printing it (saving paper) ;
  • The possibility of sending the document by e-mail (saving of stamp) ;
  • The possibility of signing a document without meeting one another (reduction of travel) ;
  • The possibility to keep the document in digital format (simplification and deletion of paper archiving) ;
  • Etc.

Is an electronic signature visible on a document ?

The electronic signature differs from the written signature by the fact that it is not visual but corresponds to a number or a series of numbers. Indeed, the signature operation applies to a file and produces binary information commonly referred to as an electronic or cryptographic signature. This will be linked not only to this file but also to the person who signed the document.

However, a number of software programs, including Adobe Reader, automatically verify each signature at the opening of the document and display a visual validation message, which nevertheless allows the electronic signature to be materialized.

What is cryptology and why should we use this technique?

Whatever its format, it is very easy to modify the contents of a digital file to its advantage without leaving a trace and without knowing who modified it. On the other side of the coin, it is impossible to put a reliable identity on an electronic document without any specific tool. It is therefore necessary to call upon cryptology, which is, etymologically, the “science of secrecy”.

It encompasses cryptography – secret writing – and cryptanalysis – analysis of the latter. Electronic signature and all electronic evidence management mechanisms rely entirely on this science.

What types of files can be signed electronically ?

You can sign all types of files without exception (word, PDF, jpg, XML, etc.). That said, a good practice is to use the widely used PDF format, which offers good document stability and allows several electronic signatures to be embedded.

Is an electronically signed document encrypted ? Is there a code to decipher it ?

No ! Contrary to conventional wisdom, a signature operation does not encrypt or encrypt the document. It does not change it either. The document remains legible in plain text by your usual software.

What are the guarantees provided by an electronic signature ?

The electronic signature allows, for a digital document, to guarantee :

  • The identity of the signatory ;
  • The non-repudiation by the signatory of the signed document ;
  • Signed document integrity, that is, its lack of modification.

What do I need to make an electronic signature ?

To electronically sign a digital document, you will need :

  • The document in question ;
  • An online electronic signature software or service ;
  • A verified digital identity or an electronic certificate.

What is an electronic certificate ?

The production of an electronic signature of the cryptographic type requires the use of what is commonly called an “electronic certificate”. This electronic certificate is equivalent to a digital identity card enabling the identity of a person to be certified with certainty. It allows to sign digital documents with the guarantee that the identity of the signatory is recognized without ambiguity or dispute.

Concretely, it is an electronic file containing a certain number of personal information (name, first name, etc.) as well as a private key enabling cryptographic signature operations to be carried out. It can take the form of a simple software file, or in the form of a hardware device (smart card, SIM card, cryptographic USB key, token) or in a cloud fashion.

Where can I get an electronic certificate ?

The electronic certificate is issued by a so-called certification authority whose role is to verify the identity and to make the connection between the private signature key and the identity of the signatory.

The issuance of a signature certificate requires a number of identity verification operations :

  • At least, the sending of photocopies of identity documents for the most flexible procedures ;
  • A physical shift of the requestor to the certification authority, and face-to-face identity verification for the most advanced certification policies. During this stage, the applicant presents his identity papers for surrender of the certificate.

What are the major steps in electronic signatures ?

To sign a document, you will generally need to perform a number of steps :

  • 1. Visualize the document to be signed ;
  • 2. Click on a “sign” button ;
  • 3. Select the certificate or insert it into your computer if it is a USB key ;
  • 4. Type a PIN code ;
  • 5. Validate

Does a digitized handwritten signature have a legal value ?

No. For the reasons mentioned above this signature does not present any guarantee in terms of the identity of the signatory and makes it very easy the spoofing of identity. A scanned handwritten signature can easily be reproduced identically via a good image editing software.

In court, digitizing a signature is tantamount to copying it: on the level of proof, it is at best equivalent to a beginning of proof in writing.

What is the difference between electronic signature and digital signature ?

There is no real official distinction between the two. However, the term “electronic signature” is used in the legislation. The term “digital signature” is generally used to define the technical principle of the signature (also referred to as a “cryptographic signature”) and not the act of affixing consent to a document by an identified person.

What is electronic timestamping?

While the electronic signature involves the affixing of a name to a digital document, the timestamp consists of affixing a date to a file in the form of a timestamp token.

A timestamp token guarantees :

  • The existence of a file on a given date ;
  • That it has not been modified to the nearest bit since that date (principle of integrity). Like the electronic signature, the time stamp guarantees the integrity of the document.

It is strongly recommended to associate a timestamp with each electronic signature.

Want to know more about electronic signatures ?

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quelle est la valeur juridique dune signature electronique 5

The electronic signature is already more than 10 years old. It’s a lot … and little at the same time, especially with regard to several hundred years of handwritten signature! Thus, today it remains relatively unknown not only to the general public but also professionals. In particular, we are often asked this question: what is the legal value of an electronic signature? Depending on the case, the response may differ. We believe it is essential to recall the French and Community legislative framework for the electronic signature.

At the European level

It should be noted that the founding text defining a Community framework for electronic signatures in Europe is the European Directive of 13 December 1999. It distinguishes two types of electronic signature with two different levels of legal validity :

The electronic signature (Article 2) : “data in electronic form, which is attached or logically linked to other electronic data and serves as a method of authentication”. At this level, an electronic signature can not be refused as evidence in court but can not claim a level of recognition equivalent to that of the handwritten signature.

The Advanced Electronic Signature (Article 5.1) states: “member states shall ensure that advanced electronic signatures based on a qualified certificate and created by a secure signing device meet the legal requirements of a signature in respect of data Electronic means in the same manner as a handwritten signature meets these requirements in respect of data handwritten or printed on paper and is admissible as evidence in court “.

In this second case, the equivalence of the electronic signature with the handwritten signature is acquired when three conditions are met :

1. Implementation of an advanced electronic signature; 2. Use of a secure electronic signature creation device; 3. Use of a qualified certificate.

We will detail these conditions later, in particular by examining the transposition of this European text into French law.

At national level

The electronic signature (Article 4 of Law 2000-230 of 13 March 2000): “When the signature is electronic, it consists of the use of a reliable identification process guaranteeing its connection with the act to which it attaches “. At this level, the so-called “simple” electronic signature process is not presumed to be reliable, but the written document thus signed in electronic form can not be refused in court as evidence when the process makes it possible to identify the signatory and to guarantee the link with the signed act. In case of dispute, it is necessary to prove the reliability of the electronic signature process used.

The “presumed reliable” electronic signature: Article 4 of Law 2000-230 of 13 March 2000 also stipulates that the burden of proof may be reversed, in the event of dispute, under certain conditions defined by Decree 2001- 272 of March 30, 2001. “The reliability of an electronic signature process is assumed until evidence to the contrary when this process implements a secure electronic signature, established by means of a secure device for creating electronic signature, and the verification of this signature is based on the use of a qualified electronic certificate “.

In order to benefit from the presumption of reliability, the signatory must therefore implement a signature meeting three conditions :

1. The electronic signature is secured. In other words, it is an electronic signature that meets the following requirements : be specific to the signatory; be created by means which the signatory may retain under its exclusive control; Guarantee, with the act to which it relates, a link such that any subsequent modification of the act is detectable (document integrity). 2. It is created by a secure signature creation device (SSCD), that is to say, by a device certified according to a certain number of requirements. The list of certified devices can be found by clicking here. 3. The verification of this signature is based on the use of a qualified electronic certificate. Certificates issued by qualified electronic certification service providers are presumed qualified. The decree of 26 July 2004 regulates and defines the recognition of the qualification of providers of electronic certification services.

If all these conditions are met, the electronic signature is presumed to be reliable and will be entitled to a level of recognition equivalent to that of the handwritten signature : in case of dispute, it will be up to the person who questions the reliability of the signature to prove it.