The digital thumbs-up: a modern declaration of intent

Today we increasingly express our approval with a symbol, across various chat channels. A 👍 under a WhatsApp message, an “ok” in a Teams chat or an emoji in an email — it seems harmless, but can have far-reaching legal consequences.

In a judgment of 27 October 2025, the Commercial Court of Brussels ruled that a 👍 emoji was sufficient to conclude a contract, when combined with performance of the arrangements and the context. That ruling revives the question: when is a contract actually really concluded?

Belgian law: contracts arise from mere agreement of wills

One of the fundamental principles of Belgian contract law is consensualism (Book 5 of the Civil Code). That means a contract does not only exist once it is on paper, but as soon as there is an agreement of wills: one party makes an offer, the other accepts.

A signature is therefore usually not a validity requirement, merely a means of proof.
Especially between businesses, the rules on evidence are liberal: emails, messages, invoices, screenshots — all can be used to show that an agreement existed.

From words to emojis: how far does a “declaration of intent” reach?

The law speaks of a “declaration of intent” but does not say what form it must take. It can therefore be written, oral, digital or even tacit, as long as it clearly and unambiguously expresses the will to accept.

That is precisely the challenge of our time: emojis, likes, short chat messages… often express something, but the context determines exactly what:

• A 👍 on a photo is often merely casual.
• A 👍 in response to a quote in a professional context? That can be acceptance.

Case law therefore looks at the reasonable interpretation in context:

• What was the intention of the message?
• What had been discussed earlier?
• How did the parties behave afterwards?

It is those contextual elements that can tilt an emoji from insignificant to binding.

Evidence between companies: free, but not without risk

In B2B relations the principle of freedom of evidence applies.

That is practical, but also risky: an email or chat message can later be used as evidence of a contractual obligation.

So a business that pays invoices, allows services to be performed or writes (or sends) “agreed” creates the impression that an agreement exists. Even internal policies (such as “only signed contracts are valid”) do not always help; they are not always enforceable against the counterparty. What you do can sometimes carry more weight than what is written on paper.

Be cautious with digital nonchalance

Where a lawyer sees an “agreement of wills”, a marketer may see just a friendly thumbs-up.

Yet that exact symbol can later be decisive in the evidentiary process.

A few practical points:

• Limit who may give agreement or negotiate on behalf of your company.
• Use unambiguous language: “for agreement”, “subject to”, “for discussion”.
• Do not pay invoices if you dispute the underlying agreement.
• Do not keep your internal policies only internal — communicate them externally where relevant.

The ruling on the 👍 emoji mainly shows that the law evolves with the digital reality. An emoji is not a separate legal entity: it is simply a modern way of saying “okay.” And “okay” can be binding.

The essence remains the same:

• A contract arises when two parties agree on the essential elements.
• How that agreement is expressed — signature, email or emoji — matters less than intention and context.

Conclusion

The thumbs-up is the new “agreement by email.” Belgian law does not give priority to formalities, but looks at what the parties actually meant and did.

In that light, the digital thumb is not merely a symbol but a confirmation. Those who send it too quickly cannot always simply retract it later. In the digital economy, the line between informal and binding is razor-thin. Be therefore cautious with every “👍”, even if it is only one pixel high.

Vanbelle Law Boutique advises and represents companies in disputes concerning contract formation, digital communication and evidentiary issues. Do you have questions about the validity of an agreement, an email or WhatsApp exchange, or an early termination of a contract? Do not hesitate to contact us for a thorough analysis of your situation and clear, tailor-made legal advice.