Legal value of the Klyra electronic signature

1. What kind of signature it is

The Klyra signature is a simple electronic signature (SES) under EU Regulation 910/2014 (eIDAS), Article 3(10). It is neither an advanced (AES) nor a qualified (QES) electronic signature: it does not rely on a personal certificate issued by a trust service provider or on a signature-creation device.

In practice: the signer receives a personal link by email, must open and read the whole document, accept a consent statement and confirm with a 6-digit code sent to their own mailbox. Identity is therefore demonstrated by control of the employee’s mailbox, not by a verified identity document.

2. What we record as evidence

For every signature Klyra keeps an evidence file: the SHA-256 fingerprint of the document at signing time (any later change makes it differ), the version of the consent text accepted, the full-read event, the sending and verification of the email code, the IP address, browser and server time of each step.

The event log is append-only: nobody, not even the company administrator, can edit or delete it. The signed document is delivered with a signature certificate and can be checked at any time on the public verification page, which compares the file fingerprint with the recorded one.

3. What it is worth before a court

A simple electronic signature cannot be denied legal effect or admissibility as evidence solely because it is electronic or not qualified (eIDAS, Article 25(1)). Only a qualified signature, however, automatically has the same legal effect as a handwritten one (Article 25(2)).

In France the Civil Code (Articles 1366 and 1367) recognises electronic writing and signatures, but the presumption of reliability is reserved for qualified signatures (Decree No. 2017-1416). With a simple signature, in the event of a dispute, the party relying on it — the employer — must prove that the process was reliable and that the document was not altered: that is exactly what the evidence file above is for.

In the Principality of Monaco electronic signatures are recognised by Law No. 1.383 of 2 August 2011 on the digital economy, as amended by Law No. 1.482 of 17 December 2019, with a similar logic: the presumption of reliability is reserved for qualified signatures; other levels count as evidence supported by the technical file.

4. Documents it is suitable for

Timesheet summaries and attendance sheets to be validated by the employee; acknowledgements and hand-over of documents (internal rules, privacy notices, HACCP and safety procedures, PPE hand-over); leave and absence requests and approvals; internal memos and low-dispute-risk internal agreements.

Employment contracts and amendments: the law does not require a handwritten signature and electronic writing is admitted (for fixed-term contracts, which must be in writing, Article 1366 of the Civil Code applies). A simple signature can therefore be used, but remember that in a dispute you will bear the burden of proving reliability: make sure the employee’s email is personal and up to date, keep the signed PDF with its certificate and never have shared mailboxes sign. For fixed-term contracts, substantial amendments or already conflictual relationships, consider an advanced or qualified level through a certified provider.

5. Documents NOT to sign this way

Mutual termination agreements (rupture conventionnelle), settlements and agreements ending a dispute: the risk of challenge is high and a qualified signature or paper is preferable.

Deeds requiring an authenticated or notarised signature or a solemn form prescribed by law; powers of attorney with financial effects; documents for authorities or bodies that expressly require a qualified signature; anything for which the applicable collective agreement or a company agreement imposes a specific form.

In these cases Klyra can still be used to archive the document signed elsewhere (uploading it to HR documents), but not to collect the signature.

6. Retention, signer copy and verification

The employee receives a copy of the signed document and can find it in their profile; the company finds it among HR documents with the signature certificate. The signing link expires, can be revoked before signing and the signer can decline with a reason.

Signed documents follow the staff-document retention periods configured in the organisation and can be exported in case of inspection, provider change or data-subject request.

7. Good practices to make the evidence solid

Always use the employee’s personal email (never shared or venue mailboxes); check that the profile is up to date before sending; do not send signature requests to people who do not already have access to their mailbox; keep signed PDFs without regenerating them; for important documents pair the request with a traceable communication (hand delivery against signature or registered mail) when the law requires it.