Ready to take the leap into further digitisation of the notarial profession too?
The time to put your signature in pen on your deed and initial its many pages is no more! Indeed, the law of 8 April 2024 already provided another step in the digitisation of the notarial profession. A major step forward in the digitisation of business and legal processes in Belgium.
The digitisation of administrative processes has taken off in recent years, and digital signing is an important part of this evolution.
What does the 8 April law mean?
The Law of 8 April, officially known as the ‘Law on the Establishment of a Framework for the Use of Digital Signatures’, sets clear rules for the legal validity of digital signatures. This law is designed to encourage and regulate the use of digital signatures, giving them the same legal status as wet signatures.
What are the main features of the law?
- Legal recognition of digital signatures: The law recognises digital signatures as legally valid and binding, provided they meet certain technical and security criteria. This means that documents signed digitally have the same legal force as their paper counterparts.
- Security standards and authenticity: The law imposes specific requirements on the technology used for digital signatures. This includes the use of advanced encryption methods to ensure the integrity and authenticity of the signature. This makes fraud significantly more difficult.
- Scope: The law is broadly applicable and applies to different types of documents and sectors, from contracts and invoices to notarial deeds and legal agreements. This makes it a versatile tool for both companies and individuals.
What types of notarial documents can you have digitally signed?
The Law of 8 April has important implications for a wide range of notarial documents. Thus, it is possible to have the following types of notarial documents signed digitally: mortgage deeds, donation deeds, succession documents, notarised wills, company deeds, powers of attorney and real estate delivery deeds.
However, there are still a few exceptions: for instance, wills and similar dispositions of property upon death, very personal and confidential deeds must still be signed by hand.
Digital signing is done using the eID or itsme.
A significant reduction in administrative burden and speeding up the process for both lenders and borrowers.
The benefits of digital signing
By giving digital signatures the same legal status as traditional ‘wet’ signatures, the law opens the door to more efficient, secure and environmentally friendly ways of working. Companies and professionals that embrace this technology will not only enjoy the immediate benefits, but also position themselves better for the future.
- Efficiency and time savings
Digital signatures significantly speed up administrative processes. Some notarial documents can now be signed and returned quickly and easily, without the need to travel to a notary's office. This applies to all powers of attorney and corporate deeds.
- Cost savings
By eliminating paper, ink, postal costs and filing space, organisations can save significantly on administrative costs. This is especially advantageous for companies handling large volumes of documents.
- Environmental friendliness
Less paper use means a smaller carbon footprint. Digital signatures contribute to sustainability goals by reducing reliance on physical resources.
- Accessibility
With digital signatures, documents can be signed anywhere in the world, as long as there is internet access. This makes the process more accessible and convenient for people and companies operating in different geographical locations.
Active in different locations? Digital signing makes it easier to formally arrange and document donations, for example.
Discover the many possibilities of eSignHaven
To celebrate the launch, you can enjoy a temporary 15% discount.
