In Belgium

The electronic signature is governed by the European eIDAS Regulation (2014), directly applicable in Belgium. Three levels exist:

  • Simple electronic signature: a click on “I accept”, a signature image. Low evidential value.
  • Advanced electronic signature: uniquely linked to the signatory (platform with authentication). Good evidential value.
  • Qualified electronic signature: created by a secure and certified device (Belgian electronic identity card, itsme). Same legal value as a handwritten signature.

For a lease, the advanced or qualified signature is recommended. Signing via itsme (Belgian digital identity) is the most common and offers a high level of security.

The landlord prepares the lease on a signing platform, invites the tenant by email, the tenant identifies themselves (itsme, eID) and signs in a few clicks. The lease is sealed (timestamp and integrity certificate) and can then be registered online via MyMinfin.

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Good to know
A lease signed via itsme has exactly the same legal value as an ink-signed lease. The eIDAS regulation prohibits courts from refusing a document solely because it bears an electronic signature.

Practical example

Marie, an owner in Ghent, uses BailBelgique to create her lease. She invites her tenant Thomas by email. Thomas opens the link, reads the lease, identifies himself via itsme and signs. Marie does the same. The lease is sealed with a certified timestamp. Marie uploads it to MyMinfin for registration. Total time: 15 minutes, no travel needed.