Electronic signatures in France
France was among the first countries to codify electronic signatures in national law (1999), and now implements eIDAS directly. Under Article 1367 of the French Civil Code, an electronic signature satisfying a reliable identification and integrity requirement carries the same legal force as a handwritten signature. For most commercial and B2B agreements, a simple electronic signature is sufficient.
This page is educational, not legal advice
Last reviewed: 2026-09-19. Review owner: Growth — legal review pending.
This page is a practical summary intended to help you ask better questions of your counsel — it does not replace legal advice. Your jurisdiction, transaction type, and counterparty requirements determine the right answer for your specific situation.
Sources: Regulation (EU) No 910/2014 (eIDAS), applicable in France as EU Regulation · Code civil Art. 1366–1367 (electronic signature requirements) · Code civil Art. 1369 (electronic contracting requirements) · ANSSI (Agence nationale de la sécurité des systèmes d'information) — supervisory authority for trust services in France · Loi n° 2000-230 du 13 mars 2000 portant adaptation du droit de la preuve — original French e-signature law
Overview — France
France was among the first countries to codify electronic signatures in national law (1999), and now implements eIDAS directly. Under Article 1367 of the French Civil Code, an electronic signature satisfying a reliable identification and integrity requirement carries the same legal force as a handwritten signature. For most commercial and B2B agreements, a simple electronic signature is sufficient.
Signature grades
France recognises multiple grades of electronic signature. The grade required depends on the specific contract type and applicable law.
Simple electronic signature (SES) — signature électronique simple
Any reliable method of identification and demonstration of intent. Valid for the majority of private commercial contracts (actes sous seing privé). Article 1366 Code civil establishes that an electronic document has the same evidentiary value as a paper document if the identity of the author is adequately assured and the integrity of the document is guaranteed. SES satisfies this for standard commercial use. This is what EndorsedSign provides today.
Advanced electronic signature (AES) — signature électronique avancée
Uniquely linked to and identifying the signatory; detectable if the document changes. Carries a stronger presumption of reliability under French law. Required by some regulated sector frameworks. Not currently live in EndorsedSign.
Qualified electronic signature (QES) — signature électronique qualifiée
The highest grade — created with a qualified certificate from a French-listed QTSP (supervised by ANSSI). Under Art. 1367 Code civil, QES is presumed reliable. Legally equivalent to a handwritten signature and supported for qualified-signature workflows.
Framework quick-reference
When each grade is required for common transaction types in France.
| Document or transaction type | Form requirement | EndorsedSign status | Notes |
|---|---|---|---|
| Commercial contracts between businesses (actes sous seing privé) | None — freedom of form (consensualisme) | ✅ Live | French contract law is consensualist for most B2B agreements; SES with audit trail satisfies commercial practice |
| Employment agreements and onboarding documents | Written form for certain mandatory clauses (specific clauses, not the whole contract) | ✅ Live (most) | General employment contracts can be electronic; fixed-term (CDD) contracts require written form — SES typically accepted for those when produced electronically with clear identity and integrity |
| Authentic acts (actes authentiques) — notarial deeds | Notarisation required | ❌ Out of scope | Sale of real property, donation (contrat de donation), marriage agreements, and certain inheritance instruments require notarisation; SES alone is not sufficient |
| Consumer B2C contracts — distance selling (vente à distance) | Specific consent and disclosure obligations (Code de la consommation) | ⚠️ Caution | Consumer protection rules impose specific consent and information obligations; technical satisfaction of form requirement is necessary but not sufficient |
| SaaS subscription agreements, MSAs, NDAs | None for B2B — consensualisme | ✅ Live | Standard commercial SaaS and services agreements have no form requirement in French law |
The key French distinction is between actes sous seing privé (private deeds — SES valid) and actes authentiques (authentic acts requiring notarisation — SES not sufficient). Most commercial contracts between businesses are private deeds.
Use cases and limitations
B2B commercial agreements
French B2B contract law is founded on consensualisme — freedom of form for most commercial agreements. Service contracts, MSAs, NDAs, and SaaS subscription agreements can all be executed with SES. The EndorsedSign audit trail — IP address, timestamp, OTP event, document hash — provides the evidentiary basis for the Article 1366 reliability requirement.
Employment documentation (CDD and CDI)
Fixed-term contracts (CDD) must be in writing under the French Labour Code. CDI employment contracts are generally valid without a specific form, though written confirmation of terms is standard practice. For both types, SES produced electronically with clear identity and integrity mechanisms satisfies the writing requirement in standard practice. Note that specific mandatory employment clauses (e.g. non-compete restrictions) should be reviewed against current Labour Code requirements.
French subsidiary onboarding for international groups
International groups with French subsidiaries routinely execute group-wide agreements, data processing addenda, and intercompany MSAs electronically. SES is accepted for these instruments provided they do not take the form of an authentic act.
Notarial acts — outside scope of SES
Donations (gifts of value), real estate sales and mortgages, marriage contracts, and certain corporate transactions involving real property require a notarial deed (acte authentique). A notaire must participate; SES alone is legally insufficient for these instruments. Contact a French notaire for these transaction types.
Common questions — France
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