Digital notary uses super-secure private network

The corona crisis forced notaries to work from home, too. During the first weeks of ‘lockdown light’, the notary was in theory only available for executing urgent deeds. After those first weeks, the situation showed a little more flexibility, allowing notaries to work full-time again – albeit remotely where possible. It was at this point that the corona crisis provoked a digital acceleration in the notary sector.

“Digitization was of course already well underway”, says Jan Sap, CEO at Fednot, “with tools aimed at greater efficiency and time-saving, both for the notary and the client. That enabled us to quickly implement extra steps during the crisis.”

In practice, a legal framework was required as a basis for the fully digital execution of a notarial deed. “It’s not enough to have a video link,” says Gerdy De Clercq, CIO at Fednot. “There was a legal problem. The execution of a deed requires a physical interaction between notary and client.”

A rapid change in the law thus created the digital power of attorney. Behind the scenes, the Fednot IT team got to work on the technical implementation of the digital power of attorney. A handbook was also developed and in no time training sessions were organized for the notaries. “A process that would have normally taken more than a year, was now completed in a month,” says Jan.

Our digital transformation was already well underway. It enabled us to make a rapid switch during the corona crisis.

Jan Sap

Authenticity from a distance

The principle of the digital power of attorney is as simple as it is efficient. Using a digital signature, the client gives the power of attorney to a person who is physically present in the notary’s office. In practice, this is often an assistant working for the notary. This allows deeds to be executed remotely without compromising physical interaction.

Jan: “In the case of a house sale, for example, the buyer and seller both give power of attorney to a member of staff working for their notary. These members of staff constitute the physical interaction in situ, after which the notaries execute the notarial deed via video, a process that can be observed remotely by the buyer and seller.

“The whole exercise is about authenticity,” says Gerdy. “This is not just any signature. It is a qualified digital signature based on an electronic identity card. That digital signature together with the deed forms an inseparable whole.” For Fednot this was the logical next step for a solution that already existed and that enabled two notary firms to execute a deed remotely via the Secure Notarial Network (BNN). Previously, the clients in question still had to go in person to their own notary for this purpose. That is no longer the case.

In tune with the times

The option to execute deeds from two separate places provides the notary with an important working tool. “The number of deeds going between firms via the BNN is doubling every month,” says Gerdy. “It makes the firms more productive and efficient.” Since the corona crisis the general public has also become more confident using video.

“That said, we’re not expecting all deeds to be notarized through video in the near future,” says Jan. “The corona crisis has also shown that there are limits. You can’t digitize everything. The notary is present at many key moments in a person’s life: a marriage, a house purchase, an inheritance. That personal contact is still important.”

At the same time, the notary wants to stay in tune with the times. “We assume that clients prefer to come to the notary’s office for confidential or delicate matters,” says Jan. “but as a federation we want to offer notaries the opportunity to give their clients a choice.” So, there will be an online calendar, where clients can schedule a meeting with their notary. “That may not seem very revolutionary,” says Gerdy, “but that’s only just become available. The online calendars also reflect the role of the notary: to offer the best possible service to the client.”

The Secure Notarial Network is an important pillar for developing new digital services.

Gerdy De Clercq

Super-secure network

Applications like Biddit and eStox also fit into that context. Biddit is the digital equivalent of the traditional public auction. It allows citizens to buy property online under the supervision of a notary without having to go in person to a public session. The electronic share register eStox is an initiative of Fednot and the Institute for Tax Advisors and Accountants (ITTA, the former Institute of Accountants and Tax Consultants (IAB).

It replaces the traditional, manual registration of shares on paper. In other words, the paper share register that is often out of date or, worse still, gets lost. The afore-mentioned BNN will play a key role in all these new digital applications. BNN is a very secure, instantly available network that remains totally separate from the public internet.

Via BNN, notary firms can securely contact each other and Fednot, and procure secure access to the internet. More than a thousand notaries – more than ninety percent of all Belgian firms – have already joined the network. “The BNN is one of the pillars on which we are rolling out other services,” says Jan.

“The use of video-conferencing is just one example.” Fednot prefers a private network because of the high degree of security. “The notary represents quality, privacy and authenticity,” says Jan. “For this reason alone, a private network – with above-average security – was the best choice.”

Bridging communities

Fednot would like to extend its digital services. “We are aiming for more transparency,” says Gerdy. “Clients can already consult with their notary via Webex. In time we will be adding other solutions, like Teams.” Fednot also wants to build bridges with other ‘closed’ communities, such as government service networks. “But for all these exercises, security is our number one priority,” says Gerdy. “We will be focusing even more on this area in the future.”