Electronic Signature Laws & Regulations - Belgium

Note:

As a European Union (EU) Member State, Belgium is governed by Regulation No. 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market (eIDAS). For more information on eIDAS, please read the Electronic Signature Laws & Regulations in the EU.

Overview

In general, the use of electronic signatures is common in Belgium, easing contracting processes in a digital environment. However, subject to some specific exceptions, the use of certificate-based digital signatures is still evolving as their use is not yet mandatory under Belgian law. In Belgium, no one can be obliged to contract electronically, thus the option for a handwritten signature should always be open.

Next to the eIDAS Regulation, the laws that govern e-signatures in Belgium  include:

  1. The Belgian Economic Code, which implements the eIDAS Regulation; and
  2. The Belgian Civil Code, which helps harmonize the Belgian Economic Code with the eIDAS Regulation.

The Belgian Economic Code establishes a general rule of equivalence regarding contracts concluded electronically and those made by handwritten or wet signature. When the electronic means fulfills the functional quality of any legal or regulatory form requirement for the conclusion of a contract, the electronic means (e.g., an electronic signature) may be used to conclude a contract. 

In Belgium, the express or tacit requirement for a signature in an electronic environment is fulfilled when the electronic signature can be regarded as:

  1. a “basic” electronic signature, which means data in electronic form which is attached to or logically associated with other data in electronic form and which is used by the signatory to sign; or
  2. a qualified electronic signature (QES).

Under current Belgian law, only employment agreements, private house/flat lease agreements, and public procurement tenders need to be signed with a QES. Additionally, when a law or regulation in Belgium imposes an explicit obligation to date, send by registered mail, or to retain (archive) the documents, it is best practice to sign these documents with a QES. Outside of these narrow use cases, digital signatures (such as a QES) are not yet required in Belgium. However, it is expected that a legal obligation to sign these documents with a QES will be introduced once there is a sufficient and competitive supply of qualified services on the market and the use of qualified services is a common and affordable practice. Once the legal obligation to use a digital signature is in force, a QES should be used when the following conditions are cumulatively met:

  1. the user opts for electronic means (they also retain the choice of the paper solution);
  2. there is an explicit legal or regulatory requirement (of archiving, timestamp or registered mail); and
  3. there is no specific system provided for by a special law (for example as in labor law).
Note:

EU Member States have the obligation to establish, maintain and publish trusted lists of Qualified Trust Service Providers (QTSPs) and the qualified trust services provided by them. A QTSP certified in any EU Member State will be recognized as a QTSP by all other Member States. Accordingly, no EU Member State may question the qualified status once a QTSP has been added to the trusted list by the supervisory authority of another Member State. The trust list for QTSPs in Belgium is available at: https://webgate.ec.europa.eu/tl-browser/#/tl/BE.


Special considerations

Transacting with public sector entities

In Belgium, government entities can have specific rules on the use of electronic signatures. Additionally, for contracts where the government is involved, the equivalence rule (that a handwritten or “wet” signature can be replaced by an electronic signature) does not apply to contracts for which the law requires the intervention of the authority or entity exercising a public service if there are practical obstacles to the fulfillment of a legal or regulatory requirement in the context of concluding the contract by electronic means. Thus, depending on the governmental entity at stake, the relevant regulations or laws should be consulted.

Use cases that generally require a traditional signature

The general rule in Belgium is that an electronic signature can be used so long as the electronic means fulfils any legal or regulatory form requirement for the conclusion of a contract. However, this general rule does not apply in all cases and the following contracts may require a handwritten signature:

  1. contracts which create or transfer rights in immovable property, with the exception of rental rights;
  2. contracts for personal and real guarantees given by persons acting for purposes other than their trade, business or profession;
  3. contracts governed by family law or inheritance law; and
  4. contracts for which the law requires the intervention of the court, government authority or profession exercising a public service mission.

Use cases that require the intervention of the court include:

  • the sale of the debtor’s assets by the liquidator in the event of bankruptcy;
  • judicial reorganization by means of transfer under judicial supervision;

Use cases that require the intervention of a government authority include:

  • contracts that require prior authorization or a license
  • contracts that must be submitted to a supervisory authority for approval

Use cases that require the intervention of a profession exercising a public service mission include:

  • long-term leases (by notarial deed);
  • public auction of seized goods administered by a judicial officer or a notary
Note:

Disclaimer: Information on this page is intended to help businesses understand the legal framework of electronic signatures. However, Adobe cannot provide legal advice. You should consult an attorney regarding your specific legal questions. Laws and regulations change frequently, and this information may not be current or accurate. To the maximum extent permitted by law, Adobe provides this material on an "as-is" basis. Adobe disclaims and makes no representation or warranty of any kind with respect to this material, express, implied or statutory, including representations, guarantees or warranties of merchantability, fitness for a particular purpose, or accuracy.

Get help faster and easier

New user?