Voluntary traces
Traceability of electronic exchanges and the law
Article REF: TR850 V1
Voluntary traces
Traceability of electronic exchanges and the law

Authors : Eric A. CAPRIOLI, Isabelle CANTÉRO, Pascal AGOSTI

Publication date: November 10, 2006 | Lire en français

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2. Voluntary traces

2.1 Writing in electronic form

In civil law (Box 1), it is important to guarantee the imputability and integrity of electronic writing, from its creation to its conservation. From this point of view, traceability must enable the identification of the persons from whom the document emanates, as well as the time at which the commitment was formed, and the content to which the parties consented on that date.

Box 1

In administrative and commercial matters, proof is free. The formalism of civil law cannot always be transposed. However, because of the acknowledged reliability of the evidentiary system in civil matters, the electronic signature on a deed remains the preferred method of proof, whatever the area of law under...

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