Electronic Signature

Also known as: E-Signature, Secure Electronic Signature, Qualified Electronic Signature, Elektronik İmza, Law No. 5070

In short

Electronic data attached to or logically associated with other electronic data and used for authentication; a secure electronic signature based on a qualified certificate has the same legal effect as a handwritten signature.

Electronic signatures are governed by Electronic Signature Law No. 5070. The law distinguishes different levels of reliability and gives the effect of a handwritten signature only to a secure electronic signature.

Secure Electronic Signature

A secure electronic signature is exclusively linked to the signatory, created with a secure signature creation device under the signatory’s sole control, identifies the signatory on the basis of a qualified electronic certificate, and allows detection of any subsequent change to the signed data. Qualified certificates are issued by electronic certificate service providers authorised by the Information and Communication Technologies Authority. Mobile signatures may also fall within this category.

Legal Effect (Law No. 5070 Article 5)

A secure electronic signature has the same legal effect as a handwritten signature. Contracts requiring written form can be concluded with a secure electronic signature.
Transactions subject by law to official form or special formalities cannot be concluded by secure electronic signature.
Security agreements cannot be concluded by secure electronic signature, except bank letters of guarantee and surety bonds issued by insurance companies established in Turkey.

Other Electronic Approvals

Scanned signature images, e-mail approvals, “I accept” boxes on platforms and simple signatures on foreign e-signature platforms are not secure electronic signatures. They have evidential value in contracts not subject to form, but do not validate contracts requiring written form. A suretyship, for example, cannot validly be given this way.

KEP and Evidence

Registered electronic mail (KEP) provides proof of delivery and content. Between merchants, notices of default, termination and rescission may be sent via KEP with a secure electronic signature (TCC Article 18(3)). Documents with secure electronic signatures have the force of written instruments in court. See Form of Contract.

Frequently Asked Questions

Is a scanned signature on a PDF or an "I agree" box an electronic signature?

These are not secure electronic signatures and do not have the effect of a handwritten signature. They may be used as evidence of intent in contracts not subject to form, but they are not sufficient for validity where written form is required.

Can security agreements be signed electronically?

Under Article 5 of Law No. 5070, security agreements generally cannot be concluded by secure electronic signature. As exceptions, bank letters of guarantee and surety bonds issued by insurance companies established in Turkey may be executed with a secure electronic signature.

← Glossary A–Z