Due to the specific effects recognized by law, a notarial deed requires stricter formalities and a greater number of verifications than a simple written document. It is precisely the attention given to every detail and the numerous controls to which it is subject that ensure exceptional legal security, even when using new technologies.
Verification of parties to a deed when making a remote technology-based notarial act
The notary takes additional steps to respect their obligations and ensure you are protected. Among other steps, they will ask you to send them colour copies of both sides of your pieces of identification via a secure channel before your meeting. They may take screen shots during the videoconference for their records and may ask you to move your pieces of identification in front of the camera to verify their security features, or to use an online identity verification solution. Your notary will also make sure that there is no fraud or undue influence from a third party, and that you are giving your free and informed consent. As such, your notary might ask you if you are alone in the room and ask you to pan the camera around to see for themselves. Lastly, multiple authentication methods will be used to sign the notarial deed.
Secure exchange of documents
All documents including confidential information must be exchanged via a secure sharing solution from a list approved by the Chambre des notaires. Regular email (gmail, hotmail, etc.) must never be used to send sensitive or confidential documents or data (such as images of identification documents, a draft will, etc.).
Conservation of your personal information
The notary must collect your personal information in the course of their work, as well as for signing any deed. The notary is obliged to ensure the confidentiality and protection of this information.
The use of technology tools does not alter this obligation. The notary must therefore ensure the security of the software and applications used—for example, data is encrypted before it is sent, and also when it is stored on servers.
Consult the guidelines (in French only) followed by your notary when drawing up a technological notarial deed.