Electronic Signature Law and Legality in Belgium

Electronic signatures have been legally valid in Belgium since the introduction of the Acts of 20 October 2000 and 9 July 2001, which set the groundwork for electronic transactions. In 2016, Belgium aligned with the EU-wide eIDAS Regulation, bringing consistency and legal clarity to electronic signature use across the region.

These laws allow electronic signatures to carry the same legal weight as handwritten signatures in most personal, commercial, and government use cases.

Belgium’s Legal System: Civil Law with Common Law Influence

Belgium is a Civil Law country, a system that draws from Roman law and emphasizes written codes and structured legal principles. Civil law systems:

• Do not rely heavily on case precedent
  
  
• Are routinely updated through legislative reforms
  
  
• Emphasize transparency and accessibility for legal clarity
  
  

In practice, however, Belgium also reflects Common Law traits—particularly in areas like banking, finance, and taxation. This hybrid approach is similar to that seen in Austria and Germany.

eIDAS Regulation and Its Impact

The eIDAS Regulation (EU Regulation No. 910/2014) took effect in July 2016, unifying electronic identification and trust services across the EU.

Unlike directives, which require national laws to implement them, eIDAS is directly enforceable in all EU member states, including Belgium. Its purpose is to:

• Ensure cross-border legal validity of eSignatures
  
  
• Define three levels of electronic signatures
  
  
• Enable secure and trusted digital transactions for businesses and individuals
  

Signature Levels Recognized in Belgium

Belgium adopts the tiered model outlined in eIDAS, which includes:

1. Standard Electronic Signature (SES)

• Basic form, such as a typed name, scanned image, or checkbox
  
  
• No identity verification required
  
  
• Suitable for simple, low-risk documents
  

2. Advanced Electronic Signature (AES)

• Tied uniquely to the signer
  
  
• Detects any post-signing modifications
  
  
• Used for contracts that require a higher level of integrity and signer authentication
  

3. Qualified Electronic Signature (QES)

• Backed by a qualified digital certificate issued by a trusted EU-accredited provider
  
  
• Created using a Qualified Signature Creation Device (QSCD)
  
  
• Holds the same legal status as a handwritten signature in court
  

Belgium follows ETSI standards to determine whether a digital signature meets the legal definition of a QES.

When to Use Each Signature Type

SES Is Appropriate For:

• Employment and HR documents
  
  
• Sales agreements and NDAs
  
  
• Real estate leases and commercial contracts
  
  
• Invoices and internal approvals
  

QES May Be Required For:

• Court filings and notarized documents
  
  
• Wills and inheritance agreements
  
  
• Contracts requiring formal legal authentication
  
  
• Regulated transactions or public sector dealings
  

Always consider the document type and legal implications when selecting the signature level.

Disclaimer

This information is provided for general informational purposes only and does not constitute legal advice. Laws and compliance requirements may vary depending on document type and industry. For legal guidance tailored to your specific situation, consult a licensed attorney. Blueink disclaims all liability for decisions made based on this content to the fullest extent permitted by law.

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