The qualified electronic signature offers the best legal certainty
The qualified electronic signature (QES) via itsme or eID is recommended for leases in Belgium. It has automatic legal equivalence with a handwritten signature under the eIDAS Regulation. The advanced electronic signature (AES) is also accepted. A simple electronic signature is insufficient.
The eIDAS Regulation (EU No 910/2014) establishes three levels of electronic signature, each with different levels of legal certainty. For a lease — a document with significant legal and financial implications — the highest possible level is recommended.
Which signature to choose
| Level | Examples | Legal status | Recommended for lease? |
|---|---|---|---|
| Simple (SES) | Click-to-sign, typed name, email confirmation | No presumption of validity | No — insufficient |
| Advanced (AES) | DocuSign, Adobe Sign with ID verification | Valid, but burden of proof on user | Acceptable |
| Qualified (QES) | itsme, Belgian eID, Connective (via eID) | Same value as handwritten | Recommended |
The key difference is the burden of proof:
- QES: the other party must prove it is invalid (reversal of burden)
- AES: the signatory may need to prove the signature’s reliability
- SES: very little legal weight; easily contested
BailBelgique uses qualified electronic signatures via itsme and eID, ensuring maximum legal certainty for your lease. Both the lease and the inventory of fixtures can be signed this way.
Legal certainty by signature level
Qualified Electronic Signature (QES)
The QES is the gold standard. It requires:
- A qualified electronic signature creation device (e.g., eID card chip, itsme app)
- A certificate issued by a qualified trust service provider
- The signatory’s identity must be verified in person
Under Article 25(2) of the eIDAS Regulation, a QES has the equivalent legal effect of a handwritten signature. No court can reject it solely on the basis that it is electronic.
Advanced Electronic Signature (AES)
The AES provides a good level of security but lacks the automatic legal equivalence of QES. Belgian courts have accepted AES for lease agreements in practice, but in case of dispute, the signatory may need to provide additional evidence of identity and intent.
Simple Electronic Signature (SES)
A simple electronic signature (e.g., clicking “I agree”, a scanned signature image) provides minimal legal certainty. It is generally insufficient for a lease because it cannot reliably prove who signed or that the document has not been modified.
Regional specifics
All three Belgian regions accept electronic signatures for residential leases, in accordance with the eIDAS Regulation. There are no regional differences in the types of electronic signatures accepted.
The SPF Finances (MyRent platform) accepts leases signed with qualified electronic signatures for registration purposes.
eIDAS Regulation (EU) No 910/2014, Art. 25-28 + Belgian Code of Economic Law, Art. XII.15 — Three levels of electronic signature with different legal effects.