Does a fax sent online have legal value?

Short answer

Under French law, proof is in principle free: a fax can be produced as evidence, whether it was sent from a fax machine or from an online service. But a transmission report proves that a call reached a number at a given time, not the content of the pages or that they were read, and some acts require a form that a fax does not meet.

Admissible, but not always sufficient

Under French law, proof is in principle free: except where the law requires a particular form, it may be brought by any means. A fax is therefore not ruled out in advance, whether it was sent from an office fax machine or from an online service such as MondialFax.

But “admissible” does not mean “sufficient”: the court assesses the weight of the evidence produced, and a fax remains a copy.

What a transmission report proves

The transmission report establishes that a call reached a given number, on a given date and at a given time, and that a certain number of pages went through. It establishes neither the exact content of those pages nor the identity of the person who read them.

To strengthen your evidence, keep the report with a copy of the document sent, and keep a record of what came before and after the send: letters, replies, exchanges.

When a fax is not enough

Some acts require a form that a fax does not meet: registered mail with acknowledgment of receipt, an original handwritten signature, service by a judicial officer. In these cases, a fax can inform or duplicate a send, but it does not replace it. Always check the statute or contract that applies to your situation.

Key points

  • Proof is in principle free under French law: a fax is admissible.
  • The report proves transmission, not content or reading.
  • Keep the report with a copy of the document.
  • Some acts require registered mail or an original.

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