eSignature legality summary
As an EU member state, France is governed directly by eIDAS’s three signature tiers. French contract law generally does not require a written, signed form — a contract can be formed orally or by any expression of intent — so the choice of signature type is mainly a question of proof. Where no specific form is required, any “reliable” electronic signature is permissible; a written form is required only where law or a prior contract expressly prescribes it.
Types of permitted electronic signature
eIDAS defines SES, AES, and QES. Under Article 1367 of the Civil Code, an electronic signature must use a reliable identification process linking it to the act; that reliability is presumed (until proven otherwise) only for a QES. A QES — an AES created with a qualified device and a qualified certificate from an EU-listed provider — is the only tier with the legal effect of a handwritten signature (eIDAS Art. 25(2)). An SES or AES benefits from the non-discrimination clause but carries no presumption.
Documents that may be signed electronically
Where no specific form is mandated, any reliable electronic signature works — commercial agreements, NDAs, procurement, HR, and similar. Electronic signatures may also be used in exchanges with public administrations (Code of Relations between the Public and the Administration, Art. L212-3).
Use with caution / not typically appropriate
In practice an AES or QES is often required for government-administration matters (public procurement, medical/health files, judicial and commercial court decisions), and a QES is required for the validity of certain regulated acts (notaries, lawyers, banks, bailiffs) and where evidentiary weight matters most. Choose the tier based on the document’s importance.
- Acts that law or a prior contract requires in a specific written form
- Regulated acts requiring a QES (notarial and certain banking, legal, and bailiff acts)
- Documents requiring notarization or authentication by a public officer
Seminal court cases
None reported.
Primary sources
- eIDAS Regulation (EU) No. 910/2014 (and eIDAS 2.0, Reg. (EU) 2024/1183)
- French Civil Code, Arts. 1366–1367
- Decree No. 2017-1416 of 28 September 2017
Disclaimer: This guide is general information, not legal advice, and is not a guarantee that any signature will be enforceable for a particular document, transaction, or jurisdiction. E-signature and data-protection laws change frequently. Confirm the requirements for your specific document and parties, and consult a licensed lawyer in the relevant country before relying on electronic signing.
Last reviewed: June 15, 2026