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2. Voluntary traces
2.1 Writing in electronic form
In civil law (Box 1), it is important to guarantee the imputability and integrity of electronic writing, from its creation to its conservation. From this point of view, traceability must enable the identification of the persons from whom the document emanates, as well as the time at which the commitment was formed, and the content to which the parties consented on that date.
In administrative and commercial matters, proof is free. The formalism of civil law cannot always be transposed. However, because of the acknowledged reliability of the evidentiary system in civil matters, the electronic signature on a deed remains the preferred method of proof, whatever the area of law under...
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Voluntary traces
Unintentional electronic traces: connection data
References and regulations
- (1) - CAPRIOLI (E.A.) - Anonymat et commerce électronique. - Les premières journées internationales du droit du commerce électronique. Litec, Act. de droit de l'entrep., p. 149 (2002) disponible sur le site : www.caprioli-avocats.com.
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