That's it, you have taken the plunge and made the decision to have your documents signed electronically. Only you are facing a question: Do I have to pay for an electronic signature or can my customers scan the signed documents for me?

In order to be able to make a decision, you need to understand the different issues behind the different types of solutions.

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The scanned signature

Let's start by understanding what's behind a scanned signature, also called a digital signature.

This type of signature corresponds to the scanned image of a handwritten signature. That is, it is obtained with the scan of a paper document previously signed manually and converted to digital format. We can also scan our signature and put the image of this signature on a document.

A document that is signed and then scanned is not considered to be the original, but a copy of that document.

An image of our signature added to a document has no more value. The very image of the signature is only aesthetic and psychological to materialize our consent.

Legally, the digital signature has no value for several reasons:

  • Impossibility to identify the signatory
  • Impossibility to prove the consent of the obligations related to the document
  • Easily falsifiable

Depending on the circumstances, and elements corroborating the reality of the signatory's consent (letters or emails with answers, testimonies, etc.), this scanned signature process could be considered as “prima facie evidence in writing” before a judge.

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/! \ even if you add a step to authenticate the identity of the signatory (using an SMS code for example), the scanned signature remains dangerous since it does not guarantee the integrity of the signed document.

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In order to overcome the problem of identifying the signatory, one could imagine a solution such as recording, by videoconference, the act of affixing the scanned image of the signature to the documents. Despite all this remains a solution that does not provide any guarantee to the integrity of the document and above all a binding solution for all parties.

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The electronic signature

There is a simpler way and with as much legal value as a handwritten signature: the electronic signature.

The electronic signature has 3 levels of security, each with its own characteristics and use cases. You can find the full explanation in This article.

Since 2014, electronic signatures have been governed by the European Ei.das regulation, which sets out the security rules to be respected in order for the electronic signature to be legally valid. It has thus set up in each country a body responsible for the implementation of this regulation. All companies that offer electronic signatures do not necessarily fall under this regulation, so they do not have the same value in the eyes of a judge. On the other hand, all solutions certified in one country of the European Union are valid in all the other countries of Europe.

Imagine, you create electronic signatures with Gonexa Sign, YouSign signature resellers, during contracts with Italy. As YouSign is a certified solution in France, the signatures issued will be just as valid in Italy.

You can check if your provider complies with the regulations thanks to This website set up by the European Union.

As a reminder, electronic signatures, even so-called “simple” signatures, must at least meet these requirements in order to be certified:

  • The service provider must be certified, he acts as a notary
  • The signing process should allow for reliable dating and timestamp
  • The service provider must constitute a proof path that includes the signatory's IP address, the signatory's contact with the codes sent, etc.
  • The service provider must provide an electronic safe in order to store the evidence path and the document, thus proving its integrity.

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Do you have an electronic signature project? Contact us.

NB: This document is provided for information purposes only. We do not guarantee the completeness of the information, nor that it is up to date with applicable regulations. Finally, the information given can in no way be a substitute for legal advice.