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The three pillars of digital evidence
French law has recognized electronic evidence since the law of March 13, 2000. Article 1366 of the Civil Code (as amended by the ordinance of February 10, 2016) stipulates that "electronic documents have the same probative value as documents on paper," subject to two conditions: that the author is duly identified and that the integrity of the data is guaranteed. Case law has clarified these requirements around three cumulative pillars.
Existence at a specific date
The first criterion for admissibility is the ability to prove that a document existed on a specific date. This is known as proof of existence. In French civil law, the concept of a certain date is essential to establishing the enforceability of an act against third parties. Time stamping—simple or qualified—is the technology that allows a verifiable date to be attached to a digital document. When this time stamp is issued by an accredited provider in accordance with the European eIDAS Regulation (Regulation No. 910/2014), it is called a qualified time stamp: it benefits from a legal presumption of accuracy throughout the European Union.
The integrity of the document
The second pillar requires demonstrating that the content has not been altered since its creation. This is the role of the cryptographic fingerprint (or hash), and more specifically, the SHA-256 algorithm. This fingerprint, a unique sequence of 64 hexadecimal characters, changes completely with the slightest modification to the file. By recording this fingerprint on a public blockchain, an immutable and verifiable record is created, accessible to anyone: judges, lawyers, bailiffs, or any other third party. The integrity of the data is thus irrefutably proven.
Identification of the depositor
The third criterion concerns the authenticity of the author. Article 1366 of the Civil Code requires that the person from whom the document originates be "duly identified." Depending on the level of proof required, this identification can be based on a simple email address, authentication via FranceConnect, or a document drawn up by a bailiff. The more robust the identification, the more weight the verifiable certificate carries in court.
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What is its legal value in France and Europe?
The probative value of digital evidence rests on a dual legal foundation: national law and the European framework.
In France, Article 1366 of the Civil Code forms the basis. It is supplemented by Decree No. 2024-183 of February 15, 2024, which now requires the production of metadata (certified timestamps, technical identifiers) to establish the authenticity of digital documents submitted to proceedings.
At the European level, the eIDAS Regulation (No. 910/2014, revised in May 2024 with eIDAS 2.0) governs trust services: electronic signatures, seals, time stamps, and archiving. The decisive advancement of eIDAS 2.0 concerns qualified time stamping: issued by an accredited provider (such as ANSSI in France, or any European Qualified Trust Service Provider), it is subject to a legal presumption of accuracy regarding the date and integrity of the document.
"Qualified electronic time stamping benefits from a legal presumption of accuracy regarding the date and time it indicates and regarding the integrity of the data to which that date and time relate."— eIDAS Regulation 2.0, Article 41
In practical terms, with a qualified timestamp, it's up to your opponent to prove the date is false—not up to you to substantiate it. This reversal of the burden of proof radically changes the evidentiary strategy in intellectual property, counterfeiting, or unfair competition disputes. To delve deeper into the distinction between mere proof of existence and truly admissible proof, see our article From Mere Existence to Admissible Proof.
Furthermore, the European regulation on artificial intelligence (AI Act, in force since August 2024) complements this system: while eIDAS certifies authenticity, the AI Act penalizes forgery. The production of AI-falsified documents within a legal framework is now subject to severe criminal penalties.
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Digital proof and blockchain: what does anchoring actually guarantee?
Blockchain anchoring involves recording the cryptographic hash of a file on a decentralized, public, and immutable ledger. This process guarantees two things: first, that a specific file existed on a given date (proof of existence); second, that its contents have not been altered since (integrity). To understand in detail how the SHA-256 hash works, we recommend reading our guide Hash SHA-256: Understanding the Basics of Proof of Existence.
On March 20, 2025, the Marseille Judicial Court issued a landmark ruling in the case of AZ Factory v. Valeria Moda (Case No. 23/00046). For the first time in Europe, the judges recognized the probative value of a public blockchain record to establish the prior existence of a creation and copyright ownership.
"The ownership of the economic copyright relating to the Hearts from Alber and Love from Alber clothing in favor of the company AZ FACTORY is established by the two Blockchain timestamps dated May 5, 2021 and September 15, 2021."— Marseille Judicial Court, March 20, 2025, Case No. 23/00046
This decision, commented on by Dalloz Actualité and featured on the Cyberjustice blog, sends a clear signal: blockchain anchoring is admissible as evidence in French courts. It does not replace other forms of evidence, but it decisively complements them. The addition of an eIDAS-qualified timestamp and, where applicable, a report by a bailiff, further strengthens the probative value of the evidence. To learn more about this legal precedent, read our analysis Digital Proof of Existence: Why the Date Is Not Enough.
One crucial point deserves emphasis: certifying a file on the blockchain does not mean making it public. Only the cryptographic hash is recorded. It is mathematically impossible to reconstruct the original content from the hash. Your files remain confidential, in full compliance with the GDPR.
How to create certified digital proof?
With Trace & Anchor, creating digital evidence that complies with the requirements of the Civil Code and the eIDAS regulation takes less than 20 seconds. The process is based on four steps, designed to guarantee both ease of use and legal robustness.
Step 1 — Select your file. You choose the document to certify directly from your device. The file never leaves your terminal: only its SHA-256 cryptographic hash is calculated locally.
Step 2 — The fingerprint is anchored on the blockchain. The hash is recorded on the Solana public blockchain, creating a decentralized, timestamped, and immutable record. This anchoring constitutes proof of the file's existence on the date of the transaction.
Step 3 — The eIDAS qualified timestamp is generated. Via Datasure, a service provider approved by ANSSI, a qualified timestamp compliant with ETSI EN 319 standards is associated with the fingerprint. This timestamp benefits from the legal presumption of accuracy provided for in Article 41 of the eIDAS Regulation.
Step 4 — You receive your verifiable certificate. A downloadable PDF certificate summarizes all the evidence: SHA-256 hash, blockchain transaction identifier (TXID), qualified timestamp, and, if applicable, the verified identity of the depositor. This certificate is verifiable by anyone, without creating an account.