The electronic signature never stops making people talk about it!
Aperwin is happy to discuss recent judgment of the Court of Appeal of Nîmes dated March 14, 2019 (n° 17/03531) dealing with the electronic signature.
Th legal debate today is the case-by-case determination of the probative value of the process used by a signatory as well as the means of proof provided at its disposal.
The interpretation of the Court of Appel of Nîmes through this case appears to be quite flexible. With the approval of the former article 1316-4, now article 1367 of the French Civil Code, the trial judges considered that the rentability of the signature procedure was “presumed in absence of evidence to the contrary” . And this despite the fact that only the electronic signature meeting the conditions of the “qualified” level under the eIDAS Regulation is recognised as presumed reliable.
For more information on this case, please do not hesitate to contact Aperwin.