The Legality of eSignatures in Belgium

Documents that can be signed electronically

In accordance with eIDAS, there are some use cases for simple electronic signatures which include commercial and consumer agreements and standard rental/lease agreements. However, some documents require an advanced or qualified electronic signature, examples of this are:

• Employment contracts – QES
• Some types of corporate documents e.g. assignment of nominative shares, stocks, or bonds – QES
• Consumer credit contracts – QES
• Signature of certain forms such as tax returns and applications – QES

Documents that may not be electronically signed

There are some use cases where it is explicitly required that handwritten signatures are used or formal processes are in place that are not compatible with electronic signatures. This includes author rights transfers or licenses subscribed by the original rights holder. 

Types of e-signature permitted in Belgium

The eIDAS regulation defines an electronic signature as data in electronic form which is attached or logically associated with other data in electronic form and which is used by the signatory to sign. It distinguishes between three types of e-signature, simple, advanced, and qualified.

• Simple – the most basic form of e-signature that can be in the form of typing your name at the bottom of an email or checking an approval box. There are no specific security or identity verification requirements for a simple e-signature.
• Advanced – this type of signature is uniquely linked to the signer, can accurately identify the signer, is created using data that the signer can be confident is under their sole control and is linked to the data in a way that detects any subsequent changes that are made. Advanced electronic signatures are more secure than simple signatures and are legally binding in most use cases.
• Qualified – this type of signature is similar to advanced but has additional requirements providers must adhere to. They must be certified based on public keys that have been issued using proper technological means. This means that the identity verification process is multi-step, using both encrypted keys and two-factor authentication.

Belgium does not have a separate definition for electronic signatures outside of the one established by eIDAS.

Notable legality changes since 2020

None. Belgium continues to adhere to the e-signature definitions and rules introduced by the EU eIDAS regulation. 

Publicly Accessible Links to Laws/Regulations Discussed

• Regulation (EU) 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 and repealing Directive 1999/93/EC

Disclaimer

The content provided on this website is meant for general informational use only and does not constitute legal advice. Legal regulations on this topic can evolve rapidly, so E-Sign does not ensure that the information presented here is always up-to-date or accurate. If you have particular legal concerns regarding any details on this site, it is recommended that you consult with a licensed attorney in your jurisdiction. 

Last Updated 9th October 2024