The business landscape in Belgium, an early adopter of digital commerce, has fully embraced the convenience and efficiency of electronic signatures (e-signatures). As a member of the European Union, Belgium’s legal framework for e-signatures is robust, primarily governed by the EU-wide eIDAS Regulation (Regulation (EU) No 910/2014) and reinforced by domestic legislation, ensuring a high degree of legal certainty.
The Overarching Principle: Freedom of Consent
At its core, Belgian contract law operates on the principle of consent. This means that a contract is generally valid when legally competent parties reach an agreement, regardless of the medium, verbal, electronic, or paper. A handwritten (“wet ink”) signature is not a universal legal requirement for validity. Electronic records are explicitly recognized as admissible evidence under Article 1322 of the Belgian Civil Code and Article 25 of the eIDAS Regulation, bolstering the enforceability of electronically signed documents.
The Foundational Legal Framework
The legal acceptance of e-signatures in Belgium is anchored in a layered structure of laws:
1. The eIDAS Regulation (EU No 910/2014): As an EU regulation, eIDAS is directly applicable in Belgium and standardizes the legal recognition and technical requirements for e-signatures across the entire European Union.
2. The Belgian Civil Code (Book 8 – Law of Evidence): Specifically, Article 8.1, 6° clarifies that the legislator makes no distinction regarding the validity of a signature placed by hand or electronically.
3. The Belgian Economic Code (Code de Droit Économique): This code establishes the general rule of equivalence, where an electronic means is equivalent to a handwritten signature when it fulfills the functional quality of the legal form requirement for a contract.
The Three Tiers of Electronic Signatures
The eIDAS Regulation defines three distinct levels of electronic signatures, each with increasing security requirements and, consequently, greater legal weight:
| E-Signature Type | Description | Legal Effect in Belgium | Examples |
| 1. Standard Electronic Signature (SES) | Any electronic data attached to or logically associated with other electronic data and used to sign. | Legally valid, but the burden of proof to confirm authenticity and integrity rests on the party relying on the signature in a dispute. | Typed name, a scanned image of a signature, an “I accept” checkbox, or a simple email signature. |
| 2. Advanced Electronic Signature (AES) | Must be: (a) uniquely linked to the signatory; (b) capable of identifying the signatory; (c) created using means under the signatory’s sole control; and (d) linked to the signed data in a way that detects any subsequent change. | E-signature platforms use cryptographic certificates, multi-factor authentication, and robust audit trails. | E-signature platforms using cryptographic certificates, multi-factor authentication, and robust audit trails. |
| 3. Qualified Electronic Signature (QES) | An AES that is created by a Qualified Electronic Signature Creation Device (QSCD) and is based on a Qualified Certificate for Electronic Signatures issued by an EU-accredited Qualified Trust Service Provider (QTSP). | Holds the same legal effect as a handwritten signature in court. The legal equivalence is presumed, shifting the burden of proof onto the challenging party. | The use of the Belgian eID card or the Itsme® application for signing. |
Documents That Can and Cannot Be Signed Electronically
The vast majority of commercial and consumer transactions in Belgium can be validly executed using an electronic signature, with the appropriate signature level (SES, AES, or QES) depending on the transaction’s risk profile and specific legal requirements.
Documents Suitable for Electronic Signature
| Signature Level | Applicable Documents/Use Cases |
| Standard Electronic Signature (SES) | Higher-Integrity Commercial Transactions: Most client contracts, licensing agreements, financial service documents not requiring a QES, and HR documents, where robust authentication is preferred but not mandatory. |
| Advanced Electronic Signature (AES) | Higher-Integrity Commercial Transactions: Most client contracts, licensing agreements, financial service documents not requiring a QES, and HR documents where robust authentication is preferred but not mandatory. |
| Qualified Electronic Signature (QES) | Legally Mandated Use Cases: Documents where the law explicitly requires a traditional handwritten signature or a QES to be legally equivalent. This includes: Employment contracts (as per the Employment Contracts Act), private house/flat lease agreements (due to specific archiving/registration requirements), and certain public procurement tenders. |
Documents That Cannot Be Signed Electronically (or require Wet Ink)
Belgian law, primarily in the Code of Economic Law (Article XII. 16) and the Civil Code, maintains specific exclusions where the formality of a wet-ink signature, or the intervention of a public authority, is required. These are high-risk or formal transactions where public authenticity is paramount:
1. Contracts that Create or Transfer Rights in Real Estate (Immovable Property): This specifically excludes sales agreements for real estate, mortgages, and long-term leases that must be executed as a public/authentic deed before a notary. Short-term residential lease agreements are generally an exception and can be signed electronically.
2. Documents Requiring the Intervention of a Court, Public Authority, or Profession Exercising Public Authority (Authentic Deeds): This includes documents that must be passed before a public notary to be valid, such as:
- Acts of incorporation for certain legal entities (e.g., public/authentic deeds).
- Certain corporate documents relating to share transfers must be recorded in an official register.
- Wills and inheritance agreements.
3. Personal Guarantees or Securities: Specifically, security and guarantee contracts provided by individuals acting for purposes that fall outside the scope of their professional or commercial activity. This is to protect consumers and non-professionals.
4. Documents Relating to Family Law or Inheritance Law: These highly personal and formal matters typically require traditional paper-based formalities.
In these excluded cases, even a QES is often insufficient, as the law requires the physical presence and verification by a public authority, which is inherently linked to a traditional wet-ink process.
Notable Changes and The Evolving Digital Landscape
The regulatory environment for e-signatures in Belgium is not static, continually adapting to EU regulations and domestic digital transformation efforts.
Recent Noteworthy Changes (Post-2020)
While the fundamental principles of eIDAS and the Civil Code remain the same, several recent developments have clarified and expanded the use of e-signatures, particularly concerning the Qualified Electronic Signature (QES):
1. Electronic Signing of Employment Contracts: Following the clarification of Belgian law, an employment contract signed with a QES (e.g., using the Belgian eID or Itsme®) is explicitly considered equivalent to a wet-ink signature. This was a critical step in modernizing HR processes. Furthermore, there was a recent administrative clarification regarding the required qualified electronic archiving service for these contracts, with the approval of a service provider simplifying compliance for employers.
2. Reformed Law of Evidence (Effective November 2020): The introduction of Book 8 of the Civil Code explicitly anchored the eIDAS framework into Belgian evidence law, reinforcing that electronic documents and signatures are valid means of proof, thereby explicitly accepting digital evidence like emails, text messages, and AES/SES as evidence in court.
3. The EU Digital Identity Framework (EUDI) Regulation (2024 Amendment to eIDAS): Although full implementation of the centerpiece, the European Digital Identity Wallet (EUDI Wallet), is anticipated by November 2026, this EU-level regulatory update (enacted in May 2024) is a significant future step. The EUDI Wallet is expected to enhance cross-border digital identity verification and further streamline the creation of QES and remote electronic signatures. While this is an EU-wide change, it will directly influence the technology and trust services available in Belgium.
Conclusion
Electronic signatures are an undisputed fixture in Belgian commerce. The strength of the legal framework, comprising the eIDAS Regulation, the Civil Code, and the Code of Economic Law, provides businesses with the confidence to digitize most of their transactions. While the freedom of form is the general rule, prudence dictates matching the type of electronic signature (SES, AES, or QES) to the document’s legal significance and always consulting the specific exceptions that continue to require the involvement of a public notary or a traditional wet-ink signature for specific formalities.
Disclaimer
The information on this site is for general information purposes only and is not intended to serve as legal advice. Laws governing the subject matter may change quickly, so Flowmono cannot guarantee that all the information on this site is current or correct. Should you have specific legal questions about any of the information on this site, you should consult with a legal practitioner in your area.
References
- 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 (eIDAS Regulation).
- Belgian Civil Code (Book 8: Proof).
- Belgian Code of Economic Law (Article XII. 16 on restrictions for electronic contracting).
- Employment Contracts Act of 3 July 1978 (Article 3bis concerning electronic signing of employment contracts).
- Regulation (EU) 2024/1183 of the European Parliament and of the Council of 11 April 2024 amending Regulation (EU) No 910/2014 as regards establishing the European Digital Identity Framework (EUDI Regulation).
