The legal framework for eSignatures in Belgium is largely based on both EU regulations and national law. The key regulation governing eSignatures across the EU, including Belgium, is the eIDAS Regulation (Regulation (EU) No 910/2014). This regulation sets the standard for electronic identification, authentication, and trust services within the European Union.

Understanding E-Signature Laws in Belgium

Understanding e-signature laws in Belgium involves navigating both European Union (EU) regulations and Belgian national law. The legal framework for e-signatures in Belgium ensures the recognition and use of electronic signatures for various transactions while clarifying their legal validity, enforceability, and security standards.

The Belgian Civil Code supports using electronic signatures in various legal and business contexts, provided they meet the conditions of authenticity, integrity, and non-repudiation. Article 1322 of the Civil Code, which was amended to align with eIDAS, affirms that e-signatures can have the same legal value as handwritten signatures when the following are ensured:

• The identity of the signatory is verifiable.
• The integrity of the signed document is maintained (i.e., it has not been altered after the signature was applied).

E-signatures are admissible as evidence in Belgian courts. However, the type of signature used influences the level of proof required:

• Qualified Electronic Signatures (QES): Automatically accepted and legally binding without further proof of validity.
• Advanced and Simple Electronic Signatures (AES/SES): Admissible, but the party relying on them may need to prove that the signature is valid, secure, and represents the intention of the signatory.

Belgium recognizes qualified trust service providers (QTSPs) that issue certificates for Qualified Electronic Signatures (QES). These providers are regulated and must comply with strict EU standards to ensure the authenticity and security of electronic transactions. Some QTSPs operating in Belgium include GlobalSign and Zetes, both of which provide services like digital signatures and identity verification.

Belgian e-signature law also aligns with GDPR (General Data Protection Regulation) in protecting personal data in electronic transactions.

Use Cases for eSignatures in Belgium

E-signatures are widely used in Belgium for:

• Commercial contracts: Business agreements, employment contracts, and vendor relationships.
• Government filings: Interaction with government authorities, such as tax submissions, social security filings, and corporate registrations.
• Financial services: E-signatures can be used in banking, insurance, and other financial sectors for approving transactions, contracts, and agreements.

Exclusions in E-Signature Usage under Belgium Law

E-signatures are broadly accepted in Belgium for a wide variety of business, legal, and governmental transactions; however, certain high-stakes or formal legal processes still require handwritten signatures.

• Real estate transactions
• Notarial acts (e.g., property transfers, marriage contracts, wills)
• Family law documents (e.g., adoptions, divorce settlements, wills)
• Certain court filings and judicial procedures
• Corporate formalities (e.g., founding documents of certain companies)
• Documents requiring witnesses
• Powers of attorney in specific cases
• Documents submitted to public authorities
• Wills and succession planning documents

Seminal Case

Attorney General at the Court of Appeal of Ghent v M A, 4 februari 2020 P.19.1086.N, Hof van Cassatie, tweede kamer