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21 JULY 2016. - Law implementing and supplementing Regulation (EU) No. 910/2014 of the European Parliament and Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the domestic market and repealing Directive 1999/93/EC, inserting title 2 in Book XII "Electronic economy law" of the Code of Economic Law and inserting specific definitions under title 2 of Book XII and the provisions of title XII

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The House of Representatives adopted and sanctioned the following:
CHAPTER 1^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 74 of the Constitution.
CHAPTER 2. - Amendments to the Economic Law Code
Art. 2. Article I.18 of the Economic Law Code, inserted by the law of 15 December 2013, is supplemented by the 14th to 18th, as follows:
"14° Regulation 910/2014: 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 domestic market and repealing Directive 1999/93/EC;
15° Certificate holder: a natural or legal person to which a trusted service provider issued an electronic signature certificate or an electronic stamp certificate respectively;
16° Control Board: the body referred to in Article 17, paragraph 1, of Regulation 910/2014, established within the Federal Public Service Economy, SMEs, Average Classes and Energy, composed of the agents referred to in Article XV.2 and responsible for the control tasks of the providers established in Belgium of trust services, including electronic archiving services;
17° Electronic archiving service: additional trust service to those referred to in Article 3, paragraph 16, of Regulation 910/2014, which consists of the preservation of electronic data or the digitization of paper documents, and which is provided by a trusted service provider within the meaning of Article 3, paragraph 19, of Regulation 910/2014 or which is operated on its own behalf by a public sector organization or a natural or legal person;
18° Qualified electronic archiving service: electronic archiving service provided by a qualified trusted service provider within the meaning of Article 3, paragraph 20, of Regulation 910/2014 conforming to the provisions of Title 2 and Appendix I to Book XII or operated on for its own account by a public sector organization or a natural or legal person and complying with the provisions of the same title and the same annex, with the exception of (i) ".
Art. 3. In Book XII of the same Code, a title 2 entitled:
"Title 2. Certain rules relating to the legal framework for trust services".
Art. 4. In title 2 inserted by article 3, a chapter 1 is inserted.^er entitled:
"Chapter 1^er. Field of application".
Art. 5. In chapter 1^er Inserted by Article 4, an article XII.24 is inserted as follows:
"Art. XII.24. § 1^er. This title implements Regulation 910/2014.
§ 2. This title sets out certain rules complementary to Regulation 910/2014 relating to the legal framework for services of electronic signature, electronic stamping, electronic archiving, electronic recommended sending and electronic timekeeping offered by a trusted service provider established in Belgium or for an electronic archiving service operated on its own behalf by a public sector organization or a natural or legal person established in Belgium.
The provisions of this title shall not prejudice the provisions of the Archives Act of 24 June 1955.
§ 3. Pursuant to Article 2, paragraph 2, of Regulation 910/2014, all components used for electronic signatures, electronic recommended consignments, electronic scheduling and electronic archiving, provided free of charge or against payment by an administrative authority within the meaning of Article 14 of the laws on the Council of State, coordinated on January 12, 1973, in execution of the missions entrusted to it by or under a law, are excluded from the regulations of the Council of State,
Nevertheless, articles 25, paragraph 1^er, 41, paragraph 1^erand 43, paragraph 1^er, of Regulation 910/2014 are applicable to components used for electronic signatures, electronic recommended consignments and the electronic schedule referred to in paragraph 1. ".
Art. 6. In title 2 inserted by article 3, a chapter 2 entitled:
"Chapter 2. General principles."
Art. 7. In Chapter 2 inserted by Article 6, an article XII.25 is inserted as follows:
"Art. XII.25. § 1^er. In the absence of legal provisions to the contrary, no person may be obliged to file a legal act electronically.
§ 2. The terms of this title not defined in I.18. agree in accordance with the definitions of section 3 of Regulation 910/2014.
§ 3. Without prejudice to articles 1323 et seq. of the Civil Code and the legal and regulatory provisions concerning the representation of legal persons, a qualified electronic stamp used in the framework of legal acts passed exclusively by or between natural and/or legal persons domiciled or established in Belgium is assimilated to the handwritten signature of the natural person who represents the legal person who created this stamp.
§ 4. The legal effect and admissibility of electronic archiving as evidence in court cannot be denied on the sole ground that this archiving is in an electronic form or that it does not meet the requirements of the qualified electronic archiving service.
§ 5. Subject to the application of specific legal or regulatory requirements, where an obligation to retain data or documents is expressly or tacitly imposed by a legal or regulatory text, this obligation is presumed to be met by the use of a qualified electronic archiving service.
Subject to the application of specific legal or regulatory requirements, electronic data retained by a qualified electronic archiving service shall be presumed to have been retained in such a way as to preserve them from any modification, subject to changes in their electronic format or format.
Subject to the application of specific legal or regulatory requirements, where an obligation to retain data or documents is expressly imposed by a legal or regulatory text, a qualified electronic archiving service is used if the user of the service opts for the electronic route.
§ 6. Subject to the application of specific legal or regulatory requirements, a digital copy made from a paper-based document is presumed to be a faithful and lasting copy of it when it is carried out and retained by a qualified electronic archiving service. In this case, the destruction of the original paper is permitted, subject to the application of the legal and regulatory provisions relating to the preservation and disposal of public sector archives, in particular section 5 of the Archive Act of 24 June 1955.
§ 7. Subject to the application of specific legal or regulatory requirements, where a recommended consignment is expressly or tacitly imposed by a legal or regulatory text, this obligation is presumed to be met by the use of a qualified electronic recommended sending service.
Subject to the application of specific legal or regulatory requirements, where a recommended consignment is expressly imposed by a legal or regulatory text, a qualified electronic recommended e-mail service is used if the user of the service opts for the electronic route.
§ 8. Subject to the application of specific legal or regulatory requirements, where an obligation to dating data or documents is expressly or tacitly imposed by a legal or regulatory text, this obligation is presumed to be met by the use of qualified electronic timekeeping.
Subject to the application of specific legal or regulatory requirements, where an obligation to dating data or documents is expressly imposed by a legal or regulatory text, a qualified electronic timer is used if the user of the service opts for the electronic route.
§ 9. A trusted service provider may not at any time imply, directly or indirectly, that it offers a qualified trust service if it does not comply with the provisions of Regulation 910/2014, this title and its annexes relating to such services.
§ 10. Subject to the application of Article 1328 of the Civil Code, a qualified or unqualified electronic time service provider may not at any time imply, directly or indirectly, that its service confers certain date.
§ 11. The electronic signature of the certificate holder may be materialized by an equivalent meeting the requirements of section 26 of Regulation 910/2014.
§ 12. The certificate holder's electronic stamp may be materialized by an equivalent meeting the requirements of section 36 of Regulation 910/2014. ".
Art. 8. In the same chapter 2, an article XII.26 is inserted as follows:
"Art. XII.26. Without prejudice to other legal or regulatory provisions, where the holder of an electronic signature certificate uses a pseudonym, the trusted service provider who has issued the certificate is required to communicate to the competent administrative or judicial authorities, at their request, the information relating to the identity of the licensee of which it has and necessary for the search and recognition of offences.
A certificate holder qualified as an electronic stamp established in Belgium shall carry out the necessary measures in order to be able to establish the name, quality and powers of the natural person who represents the legal person and who makes practically use of the qualified electronic stamp, so that, in each use of that stamp, the holder and, where applicable, the competent administrative or judicial authorities that act in the context of the search and the recognition of offences, may establish the identity and ".
Art. 9. In title 2 inserted by article 3, a chapter 3 entitled:
"Chapter 3. Electronic archiving service requirements."
Art. 10. In Chapter 3 inserted by Article 9, an article XII.27 is inserted as follows:
"Art. XII.27. An electronic archiving service provider complies with the provisions of Regulation 910/2014 applicable to the unqualified trust service provider.".
Art. 11. In the same chapter, an article XII.28 is inserted as follows:
"Art. XII.28. § 1^er. A qualified electronic archiving service provider and a public sector organization or a natural or legal person who operates a qualified electronic archiving service on their own behalf shall comply with the provisions of Regulation 910/2014 applicable to the qualified trusted service provider and the requirements of this title and its annex I.
§ 2. Derogation from paragraph 1^er, a public sector organization or a natural or legal person who operates a qualified electronic archiving service on its own behalf shall be exempt from the requirements set out in sections 20, paragraphs 1, 21 and 24, paragraph 2, (a), (d) and (i) of Regulation 910/2014 and those referred to in (e), (i), (j) and (k) of Schedule I to this Title. However, it is required to communicate to the Control Board, prior to the commencement of operation of the service, the following information:
1° its name or social name;
2° the geographical address where it is established or domiciled;
3° the coordinates to contact it quickly, including its e-mail address;
4° its company number;
5° an assessment report, made at its expense, by a compliance assessment body, confirming compliance with the requirements of Regulation 910/2014, this title and its annex I.
The Control Board shall issue a receipt within five working days of receipt of the information. The Review Body may, if it deems it useful, in particular on the basis of the assessment report, conduct control.
§ 3. Without prejudice to section 34, paragraph 2, of Regulation 910/2014, the King may determine the reference numbers of the standards applicable to the qualified electronic archiving service. The qualified electronic archiving service that meets these standards is presumed to meet all or part of the requirements of this title and its annex I. Where applicable, the King specifies the presumed requirements met. ".
Art. 12. In the same chapter, an article XII.29 is inserted as follows:
"Art. XII.29. Section 13 of Regulation 910/2014 applies to the qualified electronic archiving service provider or not because of a breach of the obligations set out in Regulation 910/2014, this Title and its Appendix I."
Art. 13. In title 2 inserted by article 3, a chapter 4 entitled:
"Chapter 4. Qualified electronic recommended delivery service requirements".
Art. 14. In Chapter 4 inserted by Article 13, an article XII.30 is inserted as follows:
"Art. XII.30. Without prejudice to the provisions of Regulation 910/2014 applicable to the qualified trusted service provider and to the qualified electronic recommended delivery service, the qualified trusted service provider that offers a qualified electronic recommended delivery service meets the requirements set out in Appendix II to this title.
Without prejudice to any standards determined by the Commission in accordance with section 44, paragraph 2, of Regulation 910/2014, the King may set additional requirements to those set out in Schedule II and determine the reference numbers of the standards applicable to the qualified electronic recommended shipping service. The qualified electronic recommended delivery service that meets these standards is presumed to meet all or part of the requirements of this title and its annex II. Where applicable, the King specifies the presumed requirements met. ".
Art. 15. In title 2 inserted by article 3, a chapter 5 entitled:
"Chapter 5. Revocation, suspension and expiry of certificates qualified as electronic signature and electronic stamp".
Art. 16. In Chapter 5 inserted by Article 15, an article XII.31 is inserted as follows:
"Art. XII.31. Without prejudice to articles 24, paragraph 3, 24, paragraph 4, 28, paragraph 4, and 38, paragraph 4, of Regulation 910/2014, a qualified trustee who delivers qualified certificates, revokes a qualified certificate when:
1° the holder of the certificate, previously identified, the application;
2° there are serious reasons to admit that the certificate was issued on the basis of erroneous or falsified information, that the information contained in the certificate is no longer in conformity with the reality or that the confidentiality of the electronic signature or electronic stamp creation data has been violated;
3° the courts ordered the measures provided for in Article XV.26, § 4;
4° the qualified trusted service provider stops its activities without the resumption of all of them by another qualified trusted service provider ensuring an equivalent level of quality and security;
5° the qualified trusted service provider is informed of the death of the natural person or the dissolution of the legal person who is the licensee after verifying the accuracy of this information.
The qualified trusted service provider shall inform the certificate holder of the revocation and shall give reasons for its decision, except in the case of application, death or dissolution of the certificate holder."
Art. 17. In the same chapter, an article XII.32 is inserted as follows:
"Art. XII.32. In the event of serious doubts about maintaining the confidentiality of electronic signature or electronic stamp creation data or loss of conformity with the reality of the information contained in the certificate, the holder is required to revoke the certificate.
When a certificate of electronic signature or electronic stamp has expired or has been revoked, the holder of the certificate may not, after the expiry of the certificate or after revocation, use the corresponding electronic signature creation or electronic stamp data to create an electronic signature or electronic stamp or to certify this data by another trusted service provider.
A month before the expiry of a qualified certificate, the qualified trusted service provider shall inform the licensee of the certificate.".
Art. 18. In the same chapter, an article XII.33 is inserted as follows:
"Art. XII.33. Subject to the requirements of sections 28, paragraph 5, and 38, paragraph 5, of Regulation 910/2014, a qualified trusted service provider who delivers qualified certificates may establish a temporary suspension procedure for the certificates issued.".
Art. 19. In title 2 inserted by article 3, a chapter 6 entitled
"Chapter 6. From the user side of a qualified electronic signature or a qualified electronic stamp".
Art. 20. In Chapter 6 inserted by Article 19, an article XII.34 is inserted as follows:
"Art. XII.34. The user of a qualified electronic signature shall enjoy a presumption of validity of the signature within the meaning of sections 32 and 33 of Regulation 910/2014 if, before relying on this signature, it shall verify it by means of a qualified validation service in accordance with these sections 32 and 33. ".
Art. 21. In the same chapter, an article XII.35 is inserted as follows:
"Art. XII.35. The user of a qualified electronic cachet benefits from a presumption of validity of this stamp within the meaning of section 40 of Regulation 910/2014 if, before relying on this stamp, it checks it by means of a qualified validation service in accordance with this section 40. "
Art. 22. In title 2 inserted by article 3, a chapter 7 entitled:
"Chapter 7. Stop the activities of a qualified trust service provider offering one or more qualified trust services".
Art. 23. In Chapter 7 inserted by Article 22, an article XII.36 is inserted as follows:
"Art. XII.36. Without prejudice to sections 17, paragraph 4, point (i) and 24, paragraph 2, points (h) and (i) of Regulation 910/2014, a qualified trusted service provider that offers one or more qualified trusted services, informs the Supervisory Body within a reasonable time of its intention to terminate at least one of its activities, as well as any actions or actions that may lead to the termination of at least one of its activities. In this case, it must attempt to recover these by another qualified trust service provider.
When the resumption of activities involving the issuance of qualified certificates is not possible, the supplier revokes the certificates two months after warning the holders of the certificates and informs the licensees of the measures taken to meet the requirement under section 24, paragraph 2, paragraph (h) of Regulation 910/2014.
When the resumption of activities consisting of a qualified electronic archiving service is not possible, the provider shall promptly inform the users of its service of the date of termination of the activities and of the measures taken to meet the obligation referred to in Article 24, paragraph 2 (h) of Regulation 910/2014 and shall offer them the opportunity to transfer the data within three months and without any additional costs to another qualified trusted service provider or to be restituted.
Where the resumption of activities consisting of a qualified electronic recommended e-mail service is not possible, the provider shall promptly inform the users of its service of the date of termination of the activities and of the measures taken to meet the obligation referred to in Article 24, paragraph 2 (h) of Regulation 910/2014 and shall ensure that all shipments made prior to such order are forwarded to the recipients.
Where the resumption of activities consisting of a qualified electronic scheduling service is not possible, the provider shall promptly inform the users of its service of the date of termination of the activities and of the measures taken to meet the obligation referred to in Article 24, paragraph 2.(h) of Regulation 910/2014. ".
Art. 24. In the same chapter 7, an article XII.37 is inserted as follows:
"Art. XII.37. A qualified trusted service provider who stops its activities for reasons beyond its control or in the event of bankruptcy immediately informs the Board of Control. It shall inform users of the services of the measures taken to meet the requirement under section 24, paragraph 2 (h) of Regulation 910/2014 and shall, where appropriate, revoke qualified certificates. ".
Art. 25. In the same chapter 7, an article XII.38 is inserted as follows:
"Art. XII.38. § 1^er. When the contract relating to the qualified electronic archiving service ends, for any reason, the qualified electronic archiving service provider cannot object to any right of data retention to the user of the service.
§ 2. When the qualified electronic archiving service contract ends, for any reason, the qualified electronic archiving service provider requests by registered mail to the service user what is the fate to reserve the data it has entrusted to him.
In the absence of a user response within three months of the application referred to in paragraph 1^er, the provider may destroy the data, unless expressly prohibited by a competent judicial or administrative authority and subject to the application of the legal and regulatory provisions relating to the preservation and disposal of public sector archives, in particular Article 5 of the Archives Act of 24 June 1955.
When the service user requests the return of the data or a transfer to another service provider, the service provider shall return the data and, where appropriate, the information referred to in section 24, paragraph 2, point (h) of Regulation 910/2014 to the service user or transfer them to the other designated service provider within a reasonable time and in a legible and exploitable form agreed with the service user or with the new service provider, in agreement with the service user. ".
Art. 26. In Book XV, Title 1^er, chapter 2, of the Economic Law Code, a section 5, entitled:
"Section 5. Special skills in the research and recognition of offences under Book XII".
Art. 27. In section 5 inserted by section 26, an article XV.26 is inserted as follows:
"Art. XV.26. § 1^erer. Without prejudice to the provisions under heading 1^erChapters 1^er and 3 and Regulation (EU) No 910/2014 of the European Parliament and Council of 23 July 2014 on electronic identification and trust services for electronic transactions within the internal market and repealing Directive 1999/93/EC, the following provisions apply for the control of trusted service providers established in Belgium referred to in Regulation 910/2014 and in Book XII, Title 2.
§ 2. The Control Board is responsible for the control of trusted service providers referred to in paragraph 1.
The Control Board may use the services of one or more experts to assist it in its control mission. Designated experts must be independent, financially and organizationally, compared to trusted service providers.
§ 3. When the Review Body finds that a trusted service provider established in Belgium does not comply with the requirements of Regulation 910/2014, Book XII, Title 2 or its annexes, it maintains the trusted service provider and sets a reasonable timeframe, appreciated in respect of the nature and seriousness of the breach, without which the trusted service provider must have taken the necessary steps to remedy these breaches.
§ 4. If after the expiry of this period, the necessary steps have not been taken, the Minister or his or her delegate may:
(a) To protect the qualified trusted service provider from continuing to provide qualified trust services and
b) enjoin the qualified trusted service provider to immediately inform users of their services of the loss of qualified status or
(c) To defend, pursuant to Article 17, paragraph 3, point (b) of Regulation 910/2014, the unqualified trusted service provider to continue to provide unskilled trusted services. ".
Art. 28. In Book XV, Title 3, Chapter 2, of the same Code, Section 9 is supplemented as follows:
"Art. XV.123. A penalty of level 5 shall be imposed on anyone who has usurped the quality of a qualified trusted service provider without being included in the trusted list referred to in Article 22 of Regulation 910/2014 or anyone who has suggested, directly or indirectly, that he or she offers a qualified trust service in violation of Article XII.25, § 9, or anyone who has implied, directly or indirectly, that his or her service confers a certain date in violation of Article XII.25, §
Art. 29. Article VII.78, § 1^er, paragraph 4, first dash, of the Economic Law Code, the words "advanced on the basis of a qualified certificate and designed by means of a secure electronic signature creation device, referred to in Article 4, § 4, of the Law of 9 July 2001 setting certain rules relating to the legal framework for electronic signatures and certification services" are replaced by the words "qualified or qualified electronic stamp, referred to in Article 3, respectively. and 3.27. 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 domestic market and repealing Directive 1999/93/EC."
Art. 30. In Article XII.15, § 2, second indent, of the same Code, amended by the law of 26 October 2015, the words "in Article 4, § 4, of the law of 9 July 2001 setting certain rules relating to the legal framework for electronic signatures and certification services" are replaced by the words "in Article 3.12. Regulation 910/2014".
Art. 31. Article XVII.22 of the same Code is replaced by the following: "The action based on Article XVII.1^er may also be trained at the request of the Inspection Body referred to in I.18, 16°. ".
CHAPTER 3. - Repeal, withdrawal and amendment provisions
Art. 32. Are repealed:
1° the Act of 9 July 2001 establishing certain rules relating to the legal framework for electronic signatures and certification services, as amended by the Act of 15 February 2012;
2° the Royal Decree of 6 December 2002 organizing the control and accreditation of certification service providers who issue qualified certificates.
Art. 33. The Act of 15 May 2007 establishing a legal framework for certain trusted service providers, as amended by the Act of 13 December 2010, is reported.
Art. 34. Article 1334 of the Civil Code is supplemented by a paragraph written as follows:
"When the original title no longer exists, a digital copy made from it has the same probative value as it is written under private seing, of which it is presumed, unless otherwise proven, to be a faithful and lasting copy if it has been carried out by means of a qualified electronic archiving service in accordance with Book XII, Title 2, setting certain rules relating to the legal framework for the services of confidence of the Economic Law Code. ".
Art. 35. In article 3bis, last paragraph, of the Act of July 3, 1978 on contracts of employment, inserted by the Act of June 3, 2007, the words "related to electronic archiving that are established under the Act of May 15, 2007 establishing a legal framework for certain providers of trusted services" are replaced by the words "qualified electronic archiving that are established by Book XII, title 2, of the Economic Law Code".
Art. 36. In article 3ter, § 3, last paragraph, of the same law, inserted by the law of 3 June 2007, the words "related to the electronic archiving that are established under the law of 15 May 2007 establishing a legal framework for certain trusted service providers" are replaced by the words "qualified electronic archiving that are established by Book XII, title 2, of the Economic Law Code".
Art. 37. In article 3bis, last paragraph, of the Act of 24 February 1978 on the employment contract of paid athlete, inserted by the law of 3 June 2007, the words "related to electronic archiving that are established under the Act of 15 May 2007 establishing a legal framework for certain trusted service providers" are replaced by the words "qualified electronic archiving that are established by Book XII, title 2, of the Code of Economic Law".
Art. 38. In Article 4, § 2, last paragraph, of the Law 24 July 1987 on temporary work, interim work and the provision of workers at the disposal of users, inserted by the law of June 3, 2007, the words "linked to the electronic archiving that are established under the law of May 15, 2007 establishing a legal framework for certain providers of trust services" are replaced by "electronic archiving title, qualified by the law"
Art. 39. In article 8, § 2, last paragraph, of the same law, inserted by the law of 3 June 2007, the words "related to electronic archiving that are established under the law of 15 May 2007 establishing a legal framework for certain trusted service providers" are replaced by the words "qualified electronic archiving that are established by Book XII, title 2, of the Code of Economic Law".
Art. 40. In Article 4, § 2, last paragraph of the Law of 7 April 1999 on the ALE Work Contract, inserted by the Law of 3 June 2007, the words "related to the electronic archiving that are established under the Law of 15 May 2007 establishing a legal framework for certain trusted service providers" are replaced by the words "qualified electronic archiving that are established by Book XII, Title 2, of the Economic Law Code".
Art. 41. In article 105, § 2, last paragraph of the Programme Law of 2 August 2002, inserted by the law of 3 June 2007, the words "related to the electronic archiving that are established under the law of 15 May 2007 establishing a legal framework for certain trusted service providers" are replaced by the words "qualified electronic archiving that are established by Book XII, title 2, of the Economic Law Code".
Art. 42. In Article 9, § 1^er, last paragraph, of the Act of 3 May 2003 regulating the contract of maritime engagement for marine fisheries and improving the social status of the fisherman, inserted by the Act of 3 June 2007, the words "related to the electronic archiving that are established under the Act of 15 May 2007 establishing a legal framework for certain trusted service providers" are replaced by the words "qualified electronic archiving, which are established by the book XII".
Art. 43. In Article 16, § 3, last paragraph, of the Law of 3 June 2007 on various provisions relating to work, the words "related to electronic archiving that are established under the Law of 15 May 2007 establishing a legal framework for certain trusted service providers" are replaced by the words "qualified electronic archiving that are established by Book XII, Title 2, of the Economic Law Code".
Art. 44. In section 35, the last paragraph of the Act, the words "related to electronic archiving that are established under the Act of 15 May 2007 establishing a legal framework for certain trusted service providers" are replaced by the words "qualified electronic archiving that are established by Book XII, Title 2, of the Economic Law Code".
Art. 45. In Article 135, § 2, of the Law of 21 March 1991 on the Reform of Certain Economic Public Companies, replaced by the Law of 13 December 2010, the words "recommended electronic sending in accordance with the Law of 9 July 2001 setting certain rules relating to the legal framework for electronic signatures, the recommended electronic and certification services" are replaced by the words "recommended electronic shipping service qualified in accordance with the Regulation (EU) No.
Art. 46. In Article 36/1, § 1, 1°, of the Act of 21 August 2008 on the institution and organization of the eHealth platform and bearing various provisions, inserted by the law of 19 March 2013, the words "of the law of 9 July 2001 setting certain rules relating to the legal framework for electronic signatures and certification services" are replaced by the words "of the regulation (EU) n° 910/2014 of the European Parliament and
CHAPTER 4. Attribution of skills
Art. 47. Existing royal laws or decrees referring to the law referred to in Article 32, 1°, are presumed to refer to the equivalent provisions of 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 within the domestic market and repealing Directive 1999/93/EC and the equivalent provisions of Book XII, Title 2, of the Economic Law Code.
Art. 48. The King may replace references in existing laws or decrees to the law referred to in Article 32, 1°, with references to the equivalent provisions of 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 within the domestic market and repealing Directive 1999/93/EC or the Economic Law Code, as set out in the Act.
Art. 49. The King may coordinate the provisions of the Economic Law Code, as set out in this Act, with the provisions that would have expressly or implicitly amended them at the time the coordination is established.
To this end, He may:
1° amend the order, numbering and, in general, the presentation of the provisions to be coordinated;
2° amend the references contained in the provisions to be coordinated with a view to aligning them with the new numbering;
3° amend the drafting of the provisions to be coordinated in order to ensure their consistency and to unify the terminology without prejudice to the principles set out in these provisions.
CHAPTER 5. - Entry into force
Art. 50. The King shall establish the entry into force of each of the provisions of this Act and/or each of the provisions inserted by this Act in the Economic Law Code.
Annexes to Title II of Book XII of the Economic Law Code
Art. XII.N1. ANNEX I.
Requirements for qualified electronic archiving service
Without prejudice to the provisions of Regulation 910/2014 applicable to the qualified trusted service provider, the qualified trusted service provider established in Belgium that offers a qualified electronic archiving service:
(a) comply, where applicable, with section 34 and 40 of Regulation 910/2014;
(b) does not deal with the data entrusted to it in other cases than those listed in (b), (c), (d) and (e) of section 5 of the Privacy Act of 8 December 1992 in respect of personal data processing;
(c) take the necessary steps, taking into account the state of the technology, to maintain the readability of the data, at least during the legal, regulatory or contractual retention period;
(d) implement the necessary means, taking into account the state of the technology, to preserve the integrity and authenticity of the stored electronic data and to avoid, during the conservation, consultation or transfer, modifications to the stored electronic data, subject to modifications to their electronic format or format necessary for the performance of their service;
(e) responds within a reasonable time to the request of the user of the service to return the data that the user indicates to the service in a legible and exploitable form agreed with the service user;
(f) Ensure that the process of voluntary destruction of the stored data does not allow them to be reconstituted entirely or partially;
(g) use a qualified electronic schedule whenever the date and/or time is to be determined;
(h) when scanning a paper document:
1° uses a system, equipment and procedures that guarantee faithful, sustainable and complete reproduction of the paper document,
2° proceeds on time and regularly during the scanning procedure to control the quality and fidelity of digital copies compared to the original paper,
3° performs the systematic and complete recording and classification of data,
4° uses a file description system and scanned documents that identifies at least the following information:
- the name of the file or document,
- his ID,
- his author,
- his description,
- its date,
- its retention period,
- its final fate, namely its permanent conservation or its elimination,
- the format of the document.
5° retains the following data relating to the scanning procedure, as long as the digital copy itself and with the same guarantees:
- the identity of the person responsible for digitization and the person who executed it,
- the nature and purpose of digitized documents,
- the dating of all relevant operations,
- reports of possible disturbances that were observed during scanning,
- documents relating to the scanning policy and the systems and equipment used;
(i) provides users of its service, prior to the conclusion of the contract and throughout the contract, with easy and direct access to the following information clearly and understandably:
1° the precise terms and conditions of use of its service,
2° the operation and accessibility of its service,
3° the security measures it adopts,
4° procedures for reporting incidents, claims and dispute resolution,
5° the guarantees he brings,
6° the extent of its responsibility, and the possible limits,
7° where applicable, the existence of insurance coverage and its extent,
8° the duration of the contract and the terms and conditions to terminate it,
9° the legal effects attached to its service;
(j) impartiality vis-à-vis users of its service and third parties;
(k) has sufficient financial means to be able to offer the service in accordance with the requirements set out in Regulation 910/2014, Title 2 of Book XII and this annex, in particular to assume liability for damages, for example by contracting appropriate insurance.
A public sector organization or a natural or legal person who operates a qualified electronic archiving service on its own behalf shall comply with the provisions of this annex, with the exception of (e), (i), (j) and (k).
Art. XII.N2. ANNEX II
Requirements for qualified electronic recommended delivery services
Recommended hybrid shipment.
The service provider of a qualified electronic mailing service may, at the request of the sender, carry out the materialization of the shipment recommended in paper form and its wrapping.
Where applicable, the provider shall forward the electronic recommended shipment materialized to a postal service provider, by the working day after the sender's filing of the qualified electronic recommended shipment. The postal service provider is in possession of a licence issued by the IBPT under the applicable regulations.
The provider shall inform the sender of the date on which the shipment was physically filed with the postal service provider.
The date on the recommended e-mail is assimilated on the date of the filing of the registered mail with a postal service provider, provided that the mailing is no longer editable or cancelable by the sender. The date on the electronic recommended sending accused must also appear on or in the materialized sending.
The provider retains the proof of shipments to the postal operator for five years.
The sharing of responsibilities between the provider of a qualified electronic mailing service and the postal service provider must be specified to the sender under the terms of the service.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 21 July 2016.
PHILIPPE
By the King:
Minister of Economy and Consumers,
K. PEETERS
Minister of Digital Agenda,
A. DE CROO
The Minister of Justice,
K. GEENS
Seal of the state seal:
Minister of Justice,
K. GEENS
____
Note
House of Representatives
(www.lachambre.be)
Documents: 54 1619
Full report: 16 March 2016.