Are electronic signatures legal in Belgium?

Book 8 of the Civil Code

Belgium rewrote its law of evidence in a new Book 8 of the Civil Code (law of 13 April 2019). Article 8.1, 2° defines a signature by what it does, not how it's made: a sign or series of signs, traced by hand, electronically or by another process, by which a person identifies themselves and expresses their will. That definition lets an electronic signature play the role of a signature on a private document, with the weight of the evidence depending on how reliably it identifies the signer.

For dematerialized authentic acts, those drawn up, received or served electronically by a notary, bailiff or other public officer, Book 8 requires a qualified electronic signature within the meaning of eIDAS article 3(12). A law of 20 September 2018 had already set out to harmonize the concepts of electronic signature and durable medium and remove obstacles to concluding contracts electronically.

The Code of Economic Law and eIDAS

• No one can be forced to act electronically. Unless a law says otherwise, nobody can be compelled to perform a legal act by electronic means (CDE art. XII.25, §1).
• eIDAS definitions apply to the title's undefined terms (art. XII.25, §2), so simple, advanced and qualified signatures mean what they mean in the regulation.
• Qualified seals for Belgian companies. In acts made only between people and companies domiciled or established in Belgium, a company's qualified electronic seal counts as the handwritten signature of the person who represents it (art. XII.25, §3).

Across the EU, eIDAS article 25 bars a court from refusing an electronic signature just because it's electronic or not qualified, and gives a qualified one the effect of a handwritten signature. Belgium publishes its own list of qualified trust service providers (the Belgian trusted list).

What still needs a notary

• Authentic acts, such as notarial deeds for property transfers and marriage contracts, are made by the notary, and in electronic form need the notary's qualified signature.
• Acts a specific law reserves for paper or a set form keep that form, because Book XII doesn't oblige anyone to accept electronic means.

Where SignMaster fits

SignMaster provides a simple electronic signature, which fits Belgian private agreements such as quotes, service contracts, purchase orders and freelance assignments. It isn't a qualified signature or seal and can't be used for authentic acts. Signers can read the signing page in French or English, and the signed PDF carries a certificate of completion with each signer's email, IP address and timestamps, plus a SHA-256 fingerprint of the file.