Law and code,
audited together.
Probatis rests on doctrinal work by OMK Conseil on the liability of blockchain systems. Solid Benelux delivers the technical side. OMK Conseil, as legal counsel, advises companies on the legal side of their projects; Solid Benelux supports them on IT and compliance implementation, then audits and certifies their infrastructure. Each acts within its own profession, under its own liability.
Why a law firm and a technical audit company
A conventional security audit lists the flaws in a piece of code at a given date. It does not say who is liable when the system fails, whether it complies with MiCA or DORA, or whether the risk can be insured. Answering those questions takes lawyers and engineers working on the same file.
The lawyer qualifies
Obligations, each party's liability, contract clauses, evidential value of what is produced.
The engineer verifies
Code and smart contracts, infrastructure, key management, service continuity, traceability.
The joint committee decides
The certification level is awarded by a committee that brings both disciplines together.
OMK Conseil
Since 2025, OMK Conseil has been developing a liability doctrine suited to distributed digital architectures. Two articles lay the foundations; an audit framework turns them into a method.
Olivier Meskens Kufuanga
Law graduate (UCLouvain), legal counsel
Founder of OMK Conseil, a Brussels firm providing legal advice, strategic analysis and representation.
Its role in Probatis
OMK Conseil leads the legal and regulatory audit (Legal protocol), the governance audit (Gov protocol) and the legal side of the scoring. Solid Benelux leads the technical audit (Tech protocol) and the technical side of the scoring.
Areas of practice
- Digital and distributed-ledger law (blockchain, smart contracts, registers)
- Contractual and non-contractual liability (Books 5 and 6 of the Belgian Civil Code)
- EU financial regulation: MiCA, DORA, NIS 2, DAC 8
- Product liability (Directive (EU) 2024/2853) and the AI Act (Regulation (EU) 2024/1689)
- Technology risk governance and directors' liability
Structural reliability in four ideas
The concept comes from engineering: a structure's ability to withstand stress without losing its function. OMK Conseil transposes it into the law of digital systems.
Code plays the role of architecture
It structures exchanges and performs obligations. Unstable, inconsistent or unaudited code is comparable to a defective building.
Three dimensions
Technical integrity, functional consistency (the code does what the parties intended) and operational resilience.
A duty of design and governance
No technology is infallible. The duty is to have anticipated, documented and controlled the foreseeable causes of failure.
Ordered liability
Developer, provider, auditor, director: each answers for the part of the infrastructure they control.
Towards digital liability based on the structural reliability of code
A new framework of trust for financial and technology regulation (in French)
In digital finance, trust no longer rests on a third party but on the reliability of code. Legal risk becomes technology risk, and classic civil law struggles to name a liable party when a decentralised protocol fails. The article proposes making structural reliability a general principle of the law of distributed systems, consistent with MiCA, DORA and NIS 2, and deriving from it a "technology warranty" comparable to the ten-year builder's warranty.
- I
Foundations
The shift from institutional trust (bank, notary, authority) to technological stability, and how the notion of integrity carries over into law.
- II
A liability regime
Duties of reliable design, stability over time, security and governance. The article defines "structural fault", a defect in how the system is organised: whoever controls the code must show that prevention and supervision were in place.
- III
Winding down
A blockchain's immutability means it cannot be "closed" like a company. The author examines technical options and the liability that survives cessation.
- IV
Making it effective
Verifiable criteria (code robustness, infrastructure resilience, traceability of operations), suitable contract clauses, evidence, insurance and certification.
- V
International convergence
IOSCO, the Basel Committee, FATF, FSB and ISO: international standards are converging on the same reliability requirement.
The criteria in chapter IV are what a Probatis audit checks and documents. The audit becomes evidence, the documentation a guarantee, traceability a basis for liability.
For a functional transposition of construction law to distributed digital architectures
Structural reliability as the guiding principle of liability for systems (in French)
The second article sets out the legal status of the notion. Structural reliability becomes a sui generis concept: neither a standalone regime replacing existing law nor a mere reading of one article. It is anchored in Belgian positive law, in Article 5.71 of the new Civil Code: a contract also binds the parties to the consequences that law, good faith or custom attach to it. For a blockchain service provider, the technical reliability of the system is part of the very essence of the service.
Anchored in current law
Article 5.71 of the Civil Code (Book 5, in force since 1 January 2023). No new legislation is needed to rely on it.
Beyond blockchain
Smart contracts, critical cloud, algorithmic platforms and so-called "black box" AI systems.
Aligned with EU law
MiCA, DORA, NIS 2, DAC 8, Directive (EU) 2024/2853 on product liability, Regulation (EU) 2024/1689 on AI.
A frame for contract clauses
Where reliability is of the essence of the contract, exemption and unfair clauses reach their limits.
« This principle does not hinder innovation; it frames it. »
Olivier Meskens Kufuanga, conclusion of the article (translated)
Both articles set out doctrinal positions: they propose a reading of the law that case law has not yet confirmed. That is exactly why a documented certification process carries weight.
From doctrine to audit method
The two articles led to an audit and certification framework of more than 260 pages, written by OMK Conseil with Solid Benelux (Brussels, November 2025). It is the foundation of Probatis certification. It goes beyond code security: it combines technology, law and governance, and treats certification as an ongoing process.
Framework
Scoping the engagement: perimeter, objectives, resources, responsibilities, contract.
Tech
Technical audit of the code, smart contracts, protocols and infrastructure.
Legal
Legal and regulatory audit, mapping contract clauses to the actual behaviour of the code.
Gov
Governance and distributed liability: who decides, who holds the keys, who answers.
Score
Aggregation of results and a graded certification decision.
Insurance
Insurability assessment and risk pooling.
Follow
Continuous monitoring, re-certification and handling of major events.
Four certification levels
The framework also describes working annexes: protocol-to-regulation mapping, standard report structure, decision matrix. The protocols keep their original name (FSC) there; Probatis is how they are delivered.
What we do for your company
Two professions coordinated on one file: OMK Conseil for legal matters, Solid Benelux for IT and compliance implementation, from scoping to certification.
Legal advice (OMK Conseil) and technical advice (Solid Benelux)
Qualify your project under MiCA, DORA and NIS 2, allocate liability between providers, review your contracts against the code actually deployed.
Integrating blockchain into your systems
Architecture, choice of chain, smart contracts and connection to your existing applications (payments, ERP, archiving), with compliance built in from the start.
Probatis audit and certification
Declarative path or audited certification, an attestation anchored on-chain that your counterparties can verify, ongoing follow-up.
Regulatory preparation
MiCA authorisation file, DORA ICT third-party register, AML/CFT and Travel Rule policies.
Insurability and evidence
A structured file insurers can assess, evidential archiving and eIDAS-compliant timestamping.
Governance and directors
Liability of management bodies, organisation of decisions and keys, evidence of due diligence if challenged.
How we work
- 1First conversation
- 2Scoping analysis
- 3Joint audit
- 4Committee decision
- 5Monitoring and re-certification
Let's talk about your project
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