Thanks to an advanced digital control system, the control is now largely automatic. Previously, this was done entirely manually, via sampling based on requested account statements and an annual report by the lawyer.

This enhances both trust in the legal profession and client protection. Moreover, it helps lawyers work more transparently without additional administrative burdens, allowing them to focus on their core tasks.

The monitoring committee, which coordinates this screening, will also be tasked with identifying new forms of potential fraud. This makes the system even more effective and future-proof.

Lawyers temporarily manage money from and for clients via third-party accounts, such as in real estate transactions or inheritances.

Cooperation between the banks and the Orders forms the backbone of this system. Thanks to structural alignment, data on third-party accounts can be shared more unambiguously and efficiently. Monitoring is essential to prevent those accounts from being misused for fraud, money laundering or embezzlement. The new automatic monitoring detects suspicious transactions faster and reduces the risk of financial damage to clients and other stakeholders. Moreover, it has a discouraging effect: those considering fraud know that every transaction is being monitored.

Of course, monitoring is done securely and in compliance with privacy laws. The data is only used for anti-fraud purposes and remains well protected. Extensive analysis was carried out to ensure that the check complies with GDPR rules. Transactions are kept anonymised and deleted after a predetermined period.

For lawyers, this system means a reduced administrative burden. The annual declaration of third-party accounts could eventually become redundant, as the verification is automatic and continuous. This not only saves time, but also increases the efficiency and reliability of monitoring, allowing lawyers to focus more on their core legal activities. 

This automation detects fraud faster and strengthens lawyers' observable integrity and confidence in their financial practices. Litigants can confidently entrust their funds to lawyers knowing that they are under scrutiny. This increases legal certainty and confidence in the legal profession.

To make this automation possible, a royal decree was published on 18 July 2024, which comes into force on 1 October 2024. In addition, Article 446quater of the Judicial Code was amended to lay down the essential elements of data processing, such as the retention period of up to 10 years. The regulations were prepared in consultation with the State Council (Raad van State) and the Data Protection Authority (Gegevensbeschermingsautoriteit- GBA).

In line with this reform, the existing agreement between banks and the Orders was also renewed. This renewal aims at greater harmonisation in the way third-party accounts are managed and controlled. This will give lawyers and stakeholders a clearer and more uniform view of these accounts, regardless of which bank they are opened with.

Finally, the Codex Deontologie of the Flemish and French-speaking Orders were aligned.