Digital attestation vs paper certificate: what changes legally
An electronic signature does not carry the same value as a scanned handwritten signature. What the law recognises, and what distinguishes a digital attestation that can be relied upon from a PDF signed by hand and then scanned.
A PDF signed by hand and then scanned, a “simple” electronic signature, a qualified signature within the meaning of the eIDAS Regulation — these three documents do not carry the same legal value, even if they look alike on screen. This guide clarifies what distinguishes a genuinely digital attestation from a digitised reproduction of a paper document.
What a scan of a handwritten signature does not guarantee
A paper document signed by hand and then digitised (scanned or photographed) remains, legally, a paper document — its evidential weight depends on the physical original, not on the digital file circulating from it. That file guarantees neither that the document has not been altered after signing, nor the identity of the signatory at the moment of signing itself: a PDF file can be edited afterwards without the change leaving any visible trace.
The three levels of electronic signature (eIDAS Regulation)
Regulation (EU) No 910/2014, known as eIDAS, distinguishes three levels of electronic signature, with increasing legal value:
- Simple: an electronic signature in the broad sense (a ticked box, an inserted signature image) — valid for low-stakes acts, but easily challenged in a dispute.
- Advanced: uniquely linked to the signatory, allowing them to be identified and any subsequent change to the document to be detected — a level suited to most everyday business documents.
- Qualified: the highest level, based on a qualified certificate issued by an approved trust service provider. It benefits from a legal presumption of equivalence with a handwritten signature, the strongest of the three in the event of a challenge.
The only difference that counts before a judge: who has to prove it
The three levels are not distinguished by an extra degree of seriousness, but by the burden of proof — and that is what decides the outcome of a dispute.
First, a common principle: an electronic signature cannot be refused as evidence in legal proceedings solely on the grounds that it is in electronic form. None of the three levels is therefore “worthless”.
Then the difference: in France, Decree No 2017-1416 of 28 September 2017 reserves the presumption of reliability for the qualified signature alone.
- Qualified signature — it is presumed reliable. It is for the party challenging it to prove otherwise.
- Simple and advanced signatures — no presumption. The judge assesses case by case, in the light of the evidence produced, and it is for the party relying on it to demonstrate its reliability.
In other words, the signature level does not change the validity of the commitment: it changes who, on the day of the disagreement, will have to open their files.
What a well-designed digital attestation brings
- A cryptographic fingerprint of the content — any change, however small, alters that fingerprint in a detectable way, unlike a freely editable PDF.
- A verifiable identity for the signatory, tied to a cryptographic key rather than a reproducible signature image.
- A timestamp that can be relied upon against third parties, establishing that the document existed in this precise form on a given date — see our dedicated guide on the seal and cryptographic timestamping.
How to choose the right level for a given document
The signature level to adopt depends on what is at stake in the document, not on a default preference:
- A routine internal temperature record: a simple signature, built into a reliable recording system, is generally enough.
- An attestation of origin sent to a customer or an authority: an advanced signature offers a guarantee proportionate to what is at stake.
- A binding commercial contract or a document intended for potential litigation: a qualified signature reduces the risk of a later challenge.
Common mistakes
- Confusing “digital” with “legally enforceable” — a mere digital file does not, in itself, provide the guarantee offered by a compliant electronic signature.
- Over-investing in a qualified signature for low-stakes documents, when an advanced level would suffice.
- Accepting a scanned PDF as definitive proof without checking that no change could have been made after scanning.
Checklist
- Identify what is really at stake in the document before choosing a signature level.
- Check that the system used guarantees a cryptographic fingerprint of the content, not just a signature image.
- State, in a specification, the signature level required rather than a vague “digital” wording.
- Never treat a scanned document as equivalent to an attestation that is natively digital and signed.
Sources
- Regulation (EU) No 910/2014 (eIDAS), EUR-Lex — levels of electronic signature.
- Décret n° 2017-1416 du 28 septembre 2017 relatif à la signature électronique (French decree on electronic signatures) — presumption of reliability reserved for the qualified signature.
Checked on 17 August 2026.
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