Electronic signature eIDAS

The electronic signature entered the Civil Code in 2000 with article 1316-1. For the first time, electronic writing was recognized as having the same value as scriptural writing on paper (since March 2017, art 1316-1 has become article 1366 of the Civil Code).

This followed the adoption and entry into force of European Directive 1999/93/EC of December 13, 1999.

The aim of this directive was to remove legal and technical uncertainties and give value to the electronic signature.

In addition to the legal recognition of electronic signatures, Member States have set up a framework to promote electronic signatures.

The latter is presumed reliable when it is created with a secure electronic signature creation device and uses a qualified signature certificate.

This presumption of reliability lends authenticity to the signature. The reliability of the electronic signature process used is presumed. The signatory does not have to prove anything, but cannot repudiate his signature, which is a guarantee for his co-contracting party.

On the other hand, if the latter wishes to contest the validity of the signature, it will be up to him to prove that the process used is not reliable, and an expert opinion will be required to provide this proof.

The objectives of the directive were twofold. Firstly, to increase confidence in electronic exchanges, and secondly, to encourage the development of security product suppliers.

This directive has achieved its aims. Indeed, the electronic signature has been able to develop within this regulatory framework.

Notaries have set up an infrastructure and qualified signature tools to sign the many deeds they produce.

The tax authorities also launched an online tax return service in 2004. In the early years, taxpayer authentication and tax return signature were based on a digital certificate. But in 2009, the certificate was abandoned in favor of a login and password system. The identifier used is the tax reference number.

It is this system that now supports the widespread use of online tax returns.

A number of applications have been developed, but unfortunately, despite the revolutionary nature of the electronic signature, the take-up of this new way of concluding contracts has been modest.

However, other objectives were also achieved, including the development of security products and services. We can therefore say that the tools and players were ready to face new challenges.

The European legislator examined the results of Directive 1999/93/EC of December...