Nationally and internationally there are an increasing number of legal initiatives to protect the ecological processes in soil. This article describes the legal situation concerning the protection of natural functions of soil in Europe (mainly The Netherlands (since 1987) and Germany (since 1998)). Examples of processes to be protected comprise the element cycles, the degradation of pollutants, and the conversion of organic matter. These processes are performed by organisms, and therefore, there is a growing consensus that protection of soil biodiversity is necessary for the survival of humans and the above-ground ecosystems. It is discussed that protection of soil ecosystems needs requires definitions and aims for the ecological quality of soil (as already provided for aquatic ecosystems). Taking into account that most soils are privately owned, legal initiatives are necessary to clarify responsibilities and to direct research toward the implementation of reproducible and standardized methods to determine the ecological quality of soil.