The legal regime of the true copy

True copy: The so-called "reliable" copy has the same probative value as the original

Article 1379

The reliable copy has the same probative value as the original. The reliability is left to the judge's appreciation. Nevertheless, an enforceable or authentic copy of an authentic writing is deemed reliable.
Any copy resulting from an identical reproduction of the form and the contents of the act, and whose integrity is guaranteed in time by a process in conformity with the conditions fixed by decree in Council of State, is presumed reliable until the contrary is proved.
If the original remains, its presentation can always be required.

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Decree n°2016-1673 of December 5, 2016 came to specify the conditions of reliability of copies. Thus, is presumed reliable the copy resulting from:  

• Or a reproduction process that leads to an irreversible modification of the copy medium;  
• Or, in the case of electronic reproduction, a process that meets the conditions set out in sections 2 to 6 of the decree.  

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These sections 2 through 6 require:  

• A method of electronic reproduction that produces copy-related information for identification of the copy, which specifies the context of digitization, in particular the date of the copy;  
• The integrity of the copy must be attested by an electronic fingerprint that ensures that any subsequent modification of the copy to which it is attached is detectable. This condition is presumed to be fulfilled by the use of a qualified time stamp, a qualified electronic seal, or a qualified electronic signature, as defined in the European eIDAS regulation;
• A conservation of the copy in conditions to avoid any alteration of its form or its content, and ensuring a tracing of the modifications with generation of a new print;  
• A conservation of the generated prints and traces;  
• Access to reproduction and preservation devices with appropriate security measures.  

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What interests us here are the conditions to allow a qualified electronic timestamp, allowing the integrity of the copy.

The conditions of this time-stamping are mentioned in Article 42 of the eIDAS Regulation: Qualified electronic time-stamping within the meaning of Regulation (EU) No 910/2014.

A qualified electronic timestamp meets the following requirements:
1. It links the date and time to the data in such a way as to reasonably exclude the possibility of undetectable modification of the data;
2. It is based on an accurate clock linked to Coordinated Universal Time; and
3. It is signed with an advanced electronic signature or sealed with a qualified trust service provider's advanced electronic seal, or by an equivalent method.