Why a qualified electronic signature?
The legal professions in Belgium – notaries, lawyers and bailiffs – handle authentic instruments and documents with high probative value. The Qualified Electronic Signature (QES) is the only level guaranteeing total legal equivalence with the handwritten signature under Article 25.2 of the eIDAS regulation.
Belgian regulatory framework
Belgium has put in place a comprehensive legal framework via the eIDAS Regulation (EU) No. 910/2014 and the Law of July 21, 2016. The FPS Economy supervises qualified trust service providers, while the FPS Justice oversees procedures for the legal professions.
Benefits of QES
- Maximum probative value before Belgian and European courts
- Reversal of the burden of proof: the challenger must prove invalidity
- Mandatory cross-border recognition throughout the EU
- Considerable time savings: remote signing, no need to travel
- Secure, long-term electronic archiving
Electronic signatures for notaries
From April 8, 2024, Belgian notaries will be able to electronically sign notarial deeds directly in their offices or by videoconference between several offices, revolutionizing the profession.
Signature under study
All parties physically present sign via eID belge or itsme®. No need to initial each page manually.
Inter-study videoconferencing
Each party at their own notary’s office, secure Fednot connection, simultaneous reading and signing in each respective office.
Authentic digital power of attorney
Videoconferencing from anywhere (even abroad), signature via eID/itsme®, mandate given to an employee.
Signable deeds: real estate sales, donations, partnership deeds, mortgages, powers of attorney, marriage contracts.
Exceptions: wills (very personal nature).
Electronic signatures for lawyers
Belgian lawyers use qualified electronic signatures to draw up legal documents with enhanced probative value thanks to their professional countersignature.
Main application
- Private deeds: Settlement agreements, commercial contracts, memorandums of understanding
- Clerk’s office communications: e-Deposit platform of the SPF Justice for filing motions, submissions and exhibits
- Customer documents : Mandates, powers of attorney, commitment letters
Advantages of electronic legal documents
Date certain by qualified time-stamping, enhanced probative force by lawyer’s countersignature, remote signature without mailing, secure long-term probative archiving.
For communications with registries, authentication is via the Belgian eID card. Unlike France (centralized e-Barreau system), Belgium offers greater flexibility in the choice of electronic signature tools.
Electronic signatures for bailiffs
Since February 2020, electronic service of bailiff’s documents has been possible via a secure platform. The bailiff signs the document with his eID card, then sends a request for consent to the recipient.
Electronic service process
The recipient receives an email and has 24 hours to: confirm his agreement, authenticate himself with his eID card and confirm definitively. If accepted, the document is deemed served with the same legal effects as traditional service.
Important: optional
Electronic service is not obligatory for either the bailiff or the recipient. If the addressee does not respond, refuse or confirm within 24 hours, the bailiff must serve the document in the traditional way.
Documents concerned: Summonses, orders to pay, summonses, seizure reports, notification of judgments.
Benefits: Time-saving, immediate receipt, 24/7 access to documents for one year, centralization for companies.
Technical compliance and official filings
The three components of a QES
Registry and administrative filings
e-Deposit platform (SPF Justice): Electronic filing of court documents. Connection with eID, PDF document with integrated qualified signatures, immediate time-stamped acknowledgement of receipt.
SPF Emploi: Filing of Collective Labor Agreements via the Document Transfer application. QES mandatory for all parties’ signatures.
Moniteur belge: Official publications (statutory amendments) requiring qualified signatures + PDF/A format for archiving.
Verification of conformity
Available tools :
- Adobe Acrobat Reader (Signatures menu)
- DSS WebApp from the European Commission
- BOSA tool (validation of Belgian signatures)
Common mistakes to avoid
Use “signature” certificate, not “authentication” certificate
Check that the provider is on the EU trust list
Any modification invalidates the electronic signature.
Required by certain authorities (Moniteur belge) for archiving purposes
Plan fallback solution if electronic service fails
Key points to remember
Only a qualified electronic signature guarantees equivalence with a handwritten signature and maximum probative value under the eIDAS regulation.
Deeds that can be signed electronically in the office, by videoconference or digital power of attorney from anywhere, except for wills.
Modern alternative with mandatory recipient consent and strict 24-hour time limit, same legal effects as traditional service.
Belgian eID card or itsme® application for qualified signatures recognized by SPF Justice, EU trust list compliant.
e-Deposit platforms, document transfer accept electronically signed documents with automatic eIDAS compliance verification.
Simplify your legal signatures with e-Signature.eu
Notaries, lawyers, bailiffs: create qualified eIDAS-compliant electronic signatures with itsme® or .beID. Subscription-free, pay-as-you-go solution, SPF Justice compliance guaranteed.