How can we boost trust in B2B relationships?

The notion of trust is extremely important in B2B commercial relations.

And while in the past, a handshake was all that was needed to conclude an agreement, the complexity of business has seen the widespread use of contracts. This allows each party to document and secure all the details relating to their execution. Today's technologies, and electronic signatures in particular, make it possible to ensure that both parties have genuinely agreed to the terms of the agreement. In the event of non-compliance, they have recourse.

"With regard to merchants, commercial acts may be proven by any means, unless otherwise provided by law". This is what article L110-3 of the French Commercial Code, in force since 21 September 2000, states. The proof of these commercial acts is therefore free, and there is no obligation on companies to use electronic signatures. They could very well formalise their agreement by e-mail or envisage another more or less sophisticated method of proof, but the law does not require them to do so.

Formalising for greater clarity

Contracts were born out of the growing complexity of transactions.

Several centuries ago, man decided to set out all the clauses of a contract, i.e. the rules defined and the obligations of each party, in black and white.

This is why the content of contracts is important, as is the signature that formalises the exchanges and attests to the agreement between the parties.

Assessing the level of risk involved in the transaction

However, it is up to each party to assess the level of risk involved in the transaction or to gauge the reliability of the other party in order to choose the level of electronic signature appropriate to the transaction and the issues at stake. Simple, advanced or qualified?

Under the French Commercial Code, a "simple" electronic signature is sufficient. But if there are real doubts about the other party, in the case of an agreement with an unfamiliar or little-known supplier or customer, it may be wise to opt for an "advanced" or "qualified" electronic signature.

Today, however, the need in B2B mainly boils down to "simple" electronic signatures, which is what most of the platforms on the market offer.

Integrating electronic signatures with the specific characteristics of the business

Lex Persona, for its part, wants to go beyond the simple provision of a signature platform and aims to develop trust between the company and its customers, employees, partners or suppliers.

This is achieved by taking into account the specific characteristics of each business in the signature solution provided. Subscribing, subscribing, buying, signing, joining: there are many terms that can be used to describe a transaction, each one corresponding to a specific business and to customary or traditional practices. But in every case, it is a contract that the parties are signing.

We therefore wanted to emphasise customer practices and the possibility of adapting the message to each business. That's why, in our view, the signature platform must enable the contract consent protocol and notifications to signatories to be personalised.

Signature processes tailored to each business

Signature processes must be able to adapt to the needs and practices of each economic sector .

Whether it's the relationship between a hypermarket and its suppliers, a publisher and its authors or an insurer and its policyholders. In addition to their great potential for graphic customisation, electronic signature platforms are capable of structuring users. They can, for example, create users who can see the contracts that concern their team and adapt to the company's practices and operations.

When the platform gives way to the relationship between the signatories

Most of the major electronic signature platforms emphasise their ease of use, but how do they adapt their operating methods to the needs of businesses?

These platforms have an unfortunate tendency to standardise electronic signatures. The particularities of both parties are erased in favour of the platform and the publisher, which imposes its brand, its way of doing things and its practices. In B2B, the added value of an electronic signature platform lies in its ability to step aside in favour of the relationship between the person who wants a contract signed and the person(s) signing.

The platform must be at the service of the trust between the parties, rather than claiming to be the sole guarantor of trust. Quite often, it is not in a position to guarantee that the Internet user behind the screen is really the person it claims to be. In fact, it is a mistake to think that all the trust in a commercial transaction rests on the electronic signature platform.

Proof trail and traceability

Platforms must also offer traceability of the signature circuit. For example, these solutions allow validators to be added to a signature workflow.

In many companies, it is important for the manager or other decision-makers to be able to check the documents and have traceability of the signature process and the responsibilities involved. And not just the final signature. The validation process is also very important.

In the building and civil engineering sector, as in many industrial sectors, it is essential to have a trace of the various stages in the validation process, given that responsibilities can be spread across different trades, subcontractors, experts and so on.

An electronic signature platform: a trusted third party, but two thirds software!

Ultimately, the electronic signature platform contributes to the relationship of trust between the two parties and the way in which the contract is drawn up. Above all, however, it helps to make these contractual stages more responsive, efficient, traceable and secure.

Let's face it, an electronic signature platform is not the trusted third party on which all legal issues rest. But it is a means of establishing that trust.