Draft legislation regarding trust services for electronic transactions

On December 11, 2015, the Belgian Council of Ministers has voted a draft legislation to implement a European regulation on electronic identification and trust services for electronic transactions.

The draft, which will implement a new title in the book XII of the Belgian Economic Code, will regulate the following topics, among others.

Electronic registered delivery services

When the law requires a registered delivery, it will be possible by electronic way, without it being an obligation. The possibility of a registered electronic hybrid delivery is also foreseen.

Electronic time stamps

The electronic time stamp will allow to identify companies in an electronic way; it will also allow to authorize a signature on behalf of the company. The draft equates the qualified electronic stamp to a hand written signature of the physical person representing the legal entity.

Electronic signature

There already exists a legal framework regarding electronic signatures. However, the draft foresees two important improvements:

  • Qualified electronic signatures will be interoperable between Member States
  • Users will have the possibility to receive the result of the evaluation of a qualified electronic signature in an automated, secure and effective way.

The draft also foresees an EU trust mark for the trust services provided by qualified service providers. It also implements the European rules on electronic identification and trust services which all trust service providers will have to respect.

If you wish to have more information on this subject, do not hesitate to contact Mr. Guillaume RUE (guillaume.rue@cairnlegal.be).

Best regards,

The Cairn Legal team.

Partners Frédéric de Patoul | Frank Weinand | Didier Chaval | Bernard Vandenkerckhove | Carl Vander Espt | Arnaud Massart | Guillaume Rue | Jonas Deryckere

Associates Dorothée Cardon de Lichtbuer | Virginie Schoonheyt | Bojana Salovic | Stoffel Werbrouck