Electronic signature for lease agreements: legal validity and eIDAS framework in Belgium

The three eIDAS electronic signature levels

The eIDAS regulation defines three levels of electronic signature, depending on the degree of security required.

Simple electronic signature

This is a basic signature: a checkbox, a scanned image or a validation click. Its legal value is recognised, but proof of the signatory’s identity remains weak. This level should be avoided for a lease.

Advanced electronic signature

The advanced signature relies on a certificate and strong authentication (SMS, PIN code, verified email). It is linked to the signatory, detects any modification to the document after signing, and guarantees the document’s integrity.

This is the standard level for lease agreements in Belgium. The itsme platform, widely used in the country, produces advanced electronic signatures.

Qualified electronic signature

Qualified signatures are the highest eIDAS level. They rely on a qualified certificate issued by a trust service provider certified by the national authorities. A qualified signature has a legal value strictly equivalent to a handwritten signature throughout the EU.

This level is required for certain authentic deeds but is not mandatory for a standard residential lease.

Which level to choose for signing a lease electronically?

For signing a lease electronically in Belgium, the advanced signature is sufficient in the vast majority of cases. It offers:

• Adequate legal certainty for a residential or commercial lease.
• A reasonable cost (included in a SaaS subscription).
• A fast user experience (signature in under a minute).
• Legal recognition by Belgian and European courts.

For leases with very high stakes (large portfolio, notarial deed), the qualified signature may be preferred.

Legal value in a dispute

In the event of a dispute over an electronically signed lease, the justice of the peace verifies several elements:

• Is the signatory’s identity established with certainty?
• Is the document’s integrity proven (no modification after signing)?
• Is the authentication method eIDAS-compliant?
• Is a certified timestamp attached?

If these conditions are met, the electronically signed lease is enforceable in the same way as a paper lease.

The advantages of an electronically signed lease

• Speed: signature in under 2 minutes.
• Distance: no need to travel, even abroad.
• Traceability: every step is recorded (time, IP, email).
• Legal archiving: the signed document is stored securely.
• Zero paper: savings on logistics and printing.
• Reliability: no more risk of loss, forgotten pages or missing signatures.

How to set up an electronic lease signature?

1. Draft the lease (or generate a compliant template online).
2. Upload the document to an electronic signature platform.
3. Add the signatories with their contact details (email, phone number).
4. Choose the security level (advanced recommended).
5. Authenticate: itsme, SMS, PIN code or biometrics.
6. Sign in one click and receive the timestamped copy.

Each party then receives an identical, tamper-proof and archived copy of the lease.

Electronic lease and FPS Finance registration

An electronically signed lease must, like any lease, be registered with FPS Finance within two months of signing. The process is free of charge and the landlord’s responsibility.

Three channels: MyRent (FPS Finance online platform), registered post to the relevant office, or the local registration office.

Residential lease vs commercial lease: same rules?

Yes, the legal framework is identical. Whether it is a residential lease or a commercial lease, an eIDAS-compliant advanced electronic signature has the same legal value. Only the substantive rules of the lease (duration, notice period, indexation) differ depending on the type of contract.

To explore all options, see our lease agreement guide.

Technical security of the electronic lease signature

Reliability rests on three technical pillars:

• Strong authentication: confirmation of the signatory’s identity through a separate channel.
• Cryptographic sealing: a unique document fingerprint (hash) that detects any subsequent modification.
• Qualified timestamp: date and time certified by a trusted third party.

To learn more, see our electronic signature guide.

Create and sign a lease online

You can create your lease online and have it signed electronically from the same interface, without switching tools. The lease is generated, sent, signed and archived in under 15 minutes.

You can also download our lease template PDFs if you prefer to start from an existing document.