Qualified electronic signature: when is it required?

The eIDAS Regulation distinguishes three levels. A simple electronic signature has no particular technical requirement. An advanced signature meets the four conditions of Article 26: it is uniquely linked to the signer, identifies the signer, is under the signer’s sole control, and allows any subsequent change to be detected.

A qualified signature is an advanced signature that meets two additional conditions. It is created with a qualified signature creation device, and it is based on a qualified certificate. This certificate is issued by a qualified trust service provider, listed on the trusted lists provided for by the Regulation.

Two rules should be distinguished. Under Article 25 of eIDAS, an electronic signature cannot be denied legal effect and admissibility as evidence solely because it is not qualified. A qualified signature, for its part, has the legal effect of a handwritten signature.

Under French law, Article 1367 of the French Civil Code defines an electronic signature as the use of a reliable identification process that guarantees its link with the document. Decree No. 2017-1416 of September 28, 2017 specifies that this reliability is presumed, until proven otherwise, when the process uses a qualified signature.

A non-qualified signature is therefore not invalid. It simply does not have this presumption. If it is challenged, it will have to be shown that the conditions of Articles 1366 and 1367 are met.

In a decision not published in the Bulletin (Civ. 3e, 5 March 2026, No. 24-21.034), a tenant denied having signed a lease signed electronically. The court of appeal had upheld the lease, because the tenant did not prove identity theft, and a certificate of evidence accompanied the signature.

The Cour de cassation overturned that decision. The court of appeal should have examined whether the process used a qualified signature, which alone is capable of supporting a presumption of reliability.

This decision does not say that a contract must be signed at this level. It reaffirms that, without a presumption, a signer who challenges the signature cannot be faulted, on that ground alone, for failing to prove fraud. The evidence file remains useful for the court’s review, without amounting to a presumption.

Here are the cases we have verified in the texts. This list is not exhaustive: a sector-specific law or a contractual requirement may add to it.

• Electronic notarial deeds: Article 17 of Decree No. 71-941 requires notaries to use a qualified electronic signature process.
• Remote notarial power of attorney: Article 20-1 of the same decree provides that the signature of parties who are not present is collected by means of a qualified signature.
• Electronic deeds of judicial officers (commissaires de justice): Decree No. 2021-1625 of December 10, 2021 provides that originals drawn up in electronic form bear the qualified signature of their author.

These three cases cover specific deeds drawn up by public or ministerial officers. They do not extend to your private contracts (actes sous signature privée).

A related but different case: public procurement. When an electronic signature is required for a public procurement contract, the order (arrêté) of March 22, 2019 calls for an advanced signature based on a qualified certificate. Strictly speaking, this is not a qualified signature.

A case not to confuse: exclusions from electronic form. Article 1175 of the French Civil Code excludes, subject to exceptions, private deeds relating to family law and inheritance law from the regime of Article 1174. The signature level alone does not settle this question.

Without an obligation, the choice is a matter of risk assessment. There is no legal grid. Several criteria can inform the decision:

• The risk of challenge: could the signer deny having signed, and do the stakes justify a presumption?
• How well you know the signer: an established relationship, with visible exchanges and performance, does not call for the same analysis as an unknown party.
• The stakes of the contract: amount, term, exposure in case of dispute.
• The constraints of the signing journey: identity verification and the required device add steps for the signer.
• External requirements: a law, a client, a funder or a partner may impose a level.

When the level chosen is not qualified, the quality of the evidence matters all the more. This decision is yours, and it is prudent to validate it with your counsel for sensitive contracts.

A written rule avoids deciding the level just before sending. It can follow these steps:

• List your contract types and look for the laws specific to your sector.
• Assign a signature level to each type, with the exceptions and the person who can decide them.
• Check the provider: is its qualified signature service on its State’s trusted list?
• Plan for validation: Article 32 of eIDAS defines what must be checked to validate a qualified signature.
• Keep the evidence: the signed contract and its evidence must remain accessible and intact.

The eIDAS 2 Regulation does not create a general obligation to use qualified signatures. We cover its timeline in our article on the European Digital Identity Wallet.

Docform does not provide qualified signatures. If a law or your policy requires this level, the contract must be signed with a qualified trust service provider. Docform offers an e-signature compliant with the eIDAS framework: invited signers authenticate with a one-time code sent by email, an evidence file is compiled, and a Certigna electronic seal can optionally be applied to the final PDF. This signature does not benefit from the presumption reserved for qualified signatures. The signed document and its evidence file are stored in the contract repository.