Electronic signature: what legal value for a rental lease in France?

Introduction

Electronic signatures are now widely used for contractual processes, including rental management.

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For more detail on the points discussed below, also read Remote property inspection: can it be done with photos?, Photos in a property inspection: evidence value and best practices and Property inspection dispute: what should landlords and tenants do?.

They allow landlords and tenants to sign a lease remotely without printing, mailing or scanning multiple copies.

But an important question remains: does an electronically signed lease really have legal value in France?

The answer is yes, although several concepts need to be distinguished:

• the evidential value of an electronic document;
• identification of the signatory;
• document integrity;
• the electronic-signature level used;
• evidence retained in case the signature is disputed.

Key point: an electronic signature cannot be denied legal effect solely because it is electronic. However, the strength of the evidence depends on the signing process and the information available to establish the signatory's identity, consent and the integrity of the document.

1. Does an electronic document have the same evidential value as paper in France?

Yes.

Article 1366 of the French Civil Code states that an electronic document has the same evidential value as a paper document provided that:

• the person from whom it originates can be duly identified;
• it is created and retained under conditions capable of guaranteeing its integrity.

The fact that a lease exists only in digital form therefore does not, by itself, reduce its evidential value.

What matters is the ability to establish:

1. who issued or signed the document;
2. which document was accepted;
3. that the document has not subsequently been altered without detection.

2. What is an electronic signature from a legal perspective?

Article 1367 of the French Civil Code states that a signature identifies its author and demonstrates their consent to the obligations arising from the instrument.

When the signature is electronic, it must rely on a reliable identification process linking the signatory to the signed instrument.

An electronic signature is therefore not simply an image of a handwritten signature placed inside a PDF.

Its evidential value depends primarily on the process surrounding the signature, including:

• signatory identification;
• controlled access to the document;
• explicit expression of consent;
• connection between the signatory and the document;
• retention of signing events;
• protection of document integrity.

3. The eIDAS Regulation

Within the European Union, the eIDAS Regulation governs electronic signatures and trust services.

Electronic signatures are commonly described through three levels:

• Simple Electronic Signature (SES);
• Advanced Electronic Signature (AES);
• Qualified Electronic Signature (QES).

Under Article 25 of eIDAS, an electronic signature may not be denied legal effect or admissibility as evidence solely because it is electronic or because it does not meet the requirements for a qualified electronic signature.

A qualified electronic signature has a specific legal status: it has the equivalent legal effect of a handwritten signature.

4. What is a Simple Electronic Signature (SES)?

A Simple Electronic Signature covers electronic mechanisms used to express consent without necessarily meeting the enhanced requirements of an advanced or qualified signature.

A signing process may rely on several elements, including:

• an email address;
• a personal signing link;
• a one-time code;
• an explicit consent checkbox;
• timestamps;
• IP-address records;
• a cryptographic fingerprint of the document;
• a signing-event log.

An SES may therefore be admitted as evidence.

However, its evidential strength depends heavily on the quality of the process and the information retained to demonstrate the signatory's identity and consent.

5. What is an Advanced Electronic Signature (AES)?

Under Article 26 of eIDAS, an Advanced Electronic Signature must notably:

• be uniquely linked to the signatory;
• be capable of identifying the signatory;
• be created using signature-creation data that the signatory can use under their sole control with a high level of confidence;
• be linked to the signed data so that any later change can be detected.

It therefore provides stronger technical and evidential safeguards than a simple signature.

6. What is a Qualified Electronic Signature (QES)?

A Qualified Electronic Signature is the most highly regulated level under eIDAS.

It relies in particular on:

• an Advanced Electronic Signature;
• a qualified certificate;
• a qualified signature-creation device.

Under eIDAS, a QES has the equivalent legal effect of a handwritten signature.

In France, Decree no. 2017-1416 of 28 September 2017 also provides that the reliability of an electronic-signature process is presumed, unless proven otherwise, when a qualified electronic signature is used.

This presumption is an important distinction between QES and non-qualified processes.

7. Can a simple electronic signature have legal value?

Yes.

A Simple Electronic Signature may have legal effect and may be used as evidence.

However, it would be inaccurate to state that every simple signature automatically has the same evidential strength.

If a signature is disputed, the available evidence should help establish matters such as:

• the identity or connection of the signing journey to the signatory;
• the intention to sign;
• the document displayed at the time of signing;
• document integrity following signature;
• the chronology of the signing process.

The more coherent and detailed these elements are, the stronger the evidence file generally becomes.

8. Can a residential lease be signed electronically in France?

In principle, there is no general requirement that a residential lease must be signed exclusively by hand on paper.

French rules on electronic documents and signatures therefore permit electronic execution, subject to the rules governing the lease itself and the ability to establish the parties' consent.

Many documents and annexes linked to the lease can also be transmitted electronically, subject to the rules applicable to each document.

The central question is therefore not whether the lease is digital or on paper, but whether it is possible to establish who agreed to what and when.

9. Which electronic-signature level should be used for a lease?

There is no universal answer for every situation.

The appropriate level depends on factors such as:

• the type of document;
• the risk of dispute;
• the desired level of identification;
• the economic significance of the commitment;
• the relationship between the parties;
• the landlord's or manager's evidence policy.

For a simple-signature process, the priority is to retain a coherent set of evidence.

An Advanced or Qualified Electronic Signature may be considered when stronger identification or a higher level of legal presumption is sought.

Two oversimplifications should therefore be avoided:

• 'an SES has no legal value' — this is incorrect;
• 'an SES automatically has exactly the same status as a handwritten signature in every case' — this is also too broad.

10. What evidence strengthens an electronic signature?

Several elements can strengthen the evidence supporting an electronically signed lease.

Signatory identification

Examples include:

• email address;
• user account;
• one-time authentication code;
• identification information associated with the signing journey.

Consent

The process should establish that the signatory deliberately accepted the document.

This may include:

• an explicit signing action;
• a consent checkbox;
• presentation of the document before signing;
• recording the version of the applicable terms.

Timestamping

Dates and times help reconstruct the chronology of events, such as:

• opening the signing journey;
• requesting an authentication code;
• validating the code;
• consenting;
• signing;
• generating the final document.

IP address and technical data

These elements may help document the context of a signing session.

However, an IP address alone generally does not conclusively establish a person's civil identity.

Document fingerprint

A cryptographic fingerprint such as SHA-256 can be used to check whether a file has changed since the fingerprint was calculated.

A different file produces a different fingerprint in normal circumstances.

Event log

A detailed signing log can provide a useful chronology if the signature is later challenged.

11. Why is document integrity important?

Proof of signature is useful only if it is possible to determine exactly which document was signed.

A signing system should therefore connect each signing event to a specific version of the document.

A common approach is to:

1. freeze the version shown to the signatory;
2. calculate its fingerprint;
3. record that fingerprint with the signing events;
4. retain the final signed document;
5. allow later verification that the retained file still matches the recorded fingerprint.

12. What is an evidence file?

An evidence file groups together the information needed to reconstruct an electronic-signature process.

It may include:

• the signatory's declared identity;
• email address;
• dates and timestamps;
• IP addresses;
• authentication steps;
• recorded consent;
• the version of terms accepted;
• document fingerprints;
• the event history;
• the final signed document.

The evidence file does not replace the signed document. The two are complementary.

13. Should the signed document be retained?

Yes.

Article 1366 of the French Civil Code links the evidential value of an electronic document to its retention under conditions capable of guaranteeing integrity.

It is therefore important to retain:

• the signed document;
• any relevant intermediate versions;
• the evidence file;
• fingerprints used to verify document integrity.

Retention periods depend on the relevant document and legal context.

14. Is an IP address enough to prove who signed?

No.

An IP address can help document the context of a signing event, but it generally cannot, by itself, establish the identity of the individual using the connection.

It should be treated as one element among several, such as:

• email address;
• authentication method;
• one-time code;
• timestamped events;
• consent record;
• document and fingerprint data.

15. Does an email one-time code strengthen evidence?

Yes, provided the process is properly recorded.

A one-time code sent to the signatory's email address helps establish that someone with access to that mailbox completed the authentication step.

It does not necessarily constitute absolute proof of the person's civil identity.

Its main value is therefore to strengthen the overall evidence associated with the signing journey.

16. Is inserting an image of a signature into a PDF enough?

Not by itself.

An image of a handwritten signature can easily be copied or reused.

The value of a proper electronic-signature process comes from mechanisms capable of demonstrating:

• identification;
• consent;
• connection with the document;
• integrity;
• chronology.

17. Benefits of electronic signatures for landlords

Electronic signatures can help landlords to:

• sign remotely;
• shorten turnaround times;
• avoid printing and scanning multiple copies;
• monitor signing progress;
• centralize documents;
• retain an event history;
• manage documents requiring several signatories.

They therefore improve both user experience and document organization.

18. Which rental documents may be signed electronically?

Depending on the process used and the specific rules applicable to each document, electronic signatures may be used for documents such as:

• residential leases;
• lease amendments;
• inventories and inspection reports;
• certain acknowledgements or agreements;
• other contractual rental documents.

Any specific formal requirements applicable to the relevant document should nevertheless be checked.

19. How does electronic signing work in Homellya?

Homellya provides a Simple Electronic Signature process for supported rental documents.

The process is designed to retain the main elements needed to reconstruct the signing journey.

It may include:

• identification through the signatory's email address;
• a one-time email code;
• access to the document being signed;
• explicit consent before signing;
• recording of signing events;
• IP-address retention;
• timestamps;
• SHA-256 document fingerprints;
• generation of signed document versions;
• creation of an evidence file;
• retention of the final signed document.

Where several parties must sign, Homellya can retain the chronology of each signature until the final document is produced.

20. 'Simple' does not mean 'without safeguards'

The word 'simple' describes a category in the terminology commonly used around eIDAS.

It does not necessarily mean that the process consists solely of clicking a button with no checks.

A Simple Electronic Signature solution may include several technical and evidential safeguards, such as:

• email authentication;
• one-time codes;
• explicit consent;
• document fingerprints;
• event logs;
• timestamping;
• evidence-file retention.

The relevant question is therefore not only the signature label, but the quality of the evidence process surrounding it.

Frequently asked questions

Is an electronically signed rental lease valid in France?

Yes. French law recognizes electronic documents and electronic signatures subject to the applicable evidential requirements, including identification and document integrity.

Does an electronic signature have the same legal value as a handwritten signature?

An electronic signature cannot be denied legal effect solely because it is electronic. Under eIDAS, a Qualified Electronic Signature expressly has the equivalent legal effect of a handwritten signature.

For other signature levels, evidential strength depends on the process and the supporting evidence available.

Can a Simple Electronic Signature be used as evidence in court?

Yes. It may be admitted as evidence, although its strength depends on the process and on the information retained to demonstrate identity, consent and document integrity.

Is a Qualified Electronic Signature mandatory for a residential lease?

There is no general rule requiring a QES for every residential lease.

The appropriate level depends on the context, applicable requirements and the level of evidence sought.

Is an email code enough to identify the signatory?

It is a useful authentication element but does not necessarily prove the signatory's civil identity by itself. It should be considered as part of the overall evidence file.

What is a SHA-256 fingerprint?

It is a value calculated from the contents of a file. If the file changes, its fingerprint changes as well in normal circumstances. This allows later verification that the retained document corresponds to the file recorded during signing.

What is an evidence file?

It brings together events and information that can reconstruct the signing journey, such as identity information, email address, timestamps, authentication, consent, document fingerprints and relevant technical records.

Is a pasted signature image enough?

No, not by itself. A proper electronic-signature process should connect the signatory to the document and retain evidence of consent and document integrity.

Key takeaways

• Electronic documents can have the same evidential value as paper documents in France.
• Electronic signatures cannot be denied legal effect solely because they are electronic.
• eIDAS distinguishes different levels including SES, AES and QES.
• A QES has the equivalent legal effect of a handwritten signature.
• In France, a qualified process benefits from a presumption of reliability unless proven otherwise.
• An SES may be used as evidence, but its strength depends on the signing process and retained evidence.
• Identification, consent, document integrity and retention are fundamental.
• An evidence file helps reconstruct the signing process.

Conclusion

Electronic signatures are suitable for digitising many rental documents, including residential leases.

Their legal value does not depend solely on the presence of a 'Sign' button. It relies on a coherent process capable of showing who signed, what document was accepted, when it happened and under what conditions.

Landlords and property managers should therefore assess electronic-signature solutions by the quality of their evidence process: identification, consent, integrity, timestamping, retention and traceability.

Homellya applies this approach to its Simple Electronic Signature workflow by retaining technical and documentary elements designed to reconstruct the signing process.

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Legal sources

• French Civil Code, Article 1366 on the evidential value of electronic documents.
• French Civil Code, Article 1367 on signatures and electronic signatures.
• Regulation (EU) No 910/2014 (eIDAS), in particular Articles 25 and 26.
• French Decree no. 2017-1416 of 28 September 2017 on electronic signatures.

This article provides general information and does not constitute personalized legal advice.