Electronic signatures are fully legal and widely used in the Republic of Turkey, but the Turkish legal framework is much more prescriptive than the European Union’s eIDAS system. The law places a strong emphasis on a single, high-security signature type, granting it the same conclusive legal effect as a handwritten signature.
Overview and Legal Framework
The foundational legislation for e-signatures in Turkey is the Electronic Signature Law (ESL) No. 5070, which came into force in 2004. Unlike the EU’s tiered model, Turkish law primarily relies on a single, secure standard to ensure legal certainty and is not yet fully harmonized with the newer eIDAS Regulation (EU).
Key Legislation
1. Electronic Signature Law No. 5070 (2004): Defines the legal structure and technical requirements for electronic signatures, governs the operation of Electronic Certificate Service Providers (ECSPs), and establishes the evidentiary value of secure e-signatures.
2. Turkish Code of Obligations (Law No. 6098): States that texts executed with a secure electronic signature replace the written form requirement for contracts, unless otherwise stipulated by law.
3. Turkish Code of Civil Procedure (Law No. 6100): Stipulates that electronic data signed with a secure electronic signature constitutes conclusive evidence (a promissory note) in legal proceedings, unless the signature’s authenticity is proven otherwise.
4. Information and Communication Technologies Authority (ICTA): The supervisory body responsible for authorizing and regulating ECSPs in Turkey.
The Two-Type Classification
Turkish law differentiates between two types of electronic signatures:
| Signature Type | Legal Recognition under Law No. 5070 | Evidentiary Value in Court |
| Electronic Signature (Simple) | Defined as data used for authentication (e.g., typed name, scanned signature, DocuSign without a Turkish-qualified certificate). | Limited. It does not fulfil the legal “written form” requirement and only constitutes prima facie evidence (commencement of proof). Authenticity must be proven by the party asserting the document. |
| Secure Electronic Signature (SES) / Nitelikli Elektronik İmza (Nitelikli E-İmza) | The only type granted the same effect as a handwritten signature. It is akin to the Qualified Electronic Signature (QES) in the EU. | Conclusive Evidence. Has the same legal effect as a wet-ink, handwritten signature. Authenticity is presumed unless proven false. |
SES Requirements: To qualify as a Secure Electronic Signature, the signature must:
- Be exclusively linked to the signatory.
- Be created by means of a Secure Electronic Signature Creation Device that is under the sole control of the signatory.
- Be based on a Qualified Electronic Certificate (QEC) issued by an ECSP authorized by the ICTA.
- Enable the detection of any post-signing alterations to the document.
Documents That Can Be Signed Electronically
Most commercial and civil law contracts can be validly executed with a Secure Electronic Signature (SES), which replaces the statutory written form requirement.
| Sector | Document Types | Required Signature | Rationale |
| General Commerce | NDAs, Sales Agreements, Service Contracts, Franchise Agreements, Intellectual Property (IP) License Agreements. | SES (Secure Electronic Signature) | Replaces the written form; provides conclusive evidence in case of dispute. |
| Public/Judicial | Litigation documents filed with the National Judicial Information System (UYAP), Tax Filings, Social Security Transactions. | SES (Mandatory) | Public services are heavily digitized and require the highest level of authenticated identity. |
| Finance/Banking | Bank Letters of Guarantee (Exception to guarantee/surety rule). | SES | Explicitly permitted under Article 5 of ESL. |
| Employment | Individual Employment Contracts. | SES | Recommended to meet the written form requirement and ensure robust evidentiary value. |
Documents That Cannot Be Signed Electronically
Article 5 of the ESL and the principle of special legal formalities (official form requirements) restrict the use of any electronic signature for certain high-stakes or sensitive transactions. These documents must still be executed with a traditional wet-ink signature and/or before an official authority (e.g., Notary Public or Land Registry).
The main exclusions fall into two categories:
A. Transactions Subject to an Official Form or Special Ceremony
Documents where the law requires the involvement of a public authority (e.g., Notary Public, Land Registry) to ensure authenticity and legal counsel. These require the physical presence and often the official seal of the authority.
- i. Real Estate Transfers: Contracts related to the sale of immovable property, deeds, and the establishment of real property rights.
- ii. Corporate Articles of Incorporation: The formation of a company often requires a Notarial Deed.
- iii. Inheritance and Family Law: Wills/Testaments, official marriage contracts, and other declarations related to succession and family matters.
- iv. Certain Powers of Attorney: Specific legal instruments, though general commercial powers can sometimes be granted electronically under certain conditions.
B. Security and Commercial Instruments
Transactions related to financial guarantees and negotiable instruments, where the form is critical to their legal nature.
- i. Surety/Guarantee Contracts (General): All personal guarantee agreements, except for bank guarantees (which are explicitly permitted). The Turkish Code of Obligations requires the surety’s own handwriting for the maximum amount and date.
- ii. Commercial Instruments (Negotiable Instruments): Bills of Exchange, Checks, Bonds, and Warrants. These instruments are specifically excluded from e-signature use under the Turkish Commercial Code due to their unique legal requirements for circulation.
Notable Changes and Future Outlook
While Law No. 5070 has been stable for two decades, Turkish law has introduced key updates to embrace wider digitalization and has an ongoing, yet slow, process of alignment with the EU’s eIDAS standards.
A. Introduction of Electronic Seals (2021)
A significant amendment in 2021 introduced and defined the Electronic Seal (E-Seal). The E-Seal
- i. Has the same legal status as an official and physical seal.
- ii. Is used to verify the origin and integrity of electronic data belonging to a legal entity (company or public institution).
- iii. Must also be based on a Qualified Electronic Certificate issued by an ECSP.
B. Simplified Qualified Certificate Issuance (2021)
The 2021 amendment facilitated the issuance process for citizens by allowing remote and reliable identity verification using the Republic of Turkey’s electronic identity card (TC identity card). This streamlines the process of obtaining the Secure Electronic Signature necessary for high-value legal acts and government services.
C. Alignment with eIDAS
Turkey’s 11th Development Plan explicitly mentions the revision of ESL No. 5070 to harmonize it with the European Union’s eIDAS Regulation. While this process has been slow, a full alignment would introduce the EU’s tiered classification (SES, AES, QES) and facilitate greater cross-border use, though the current Secure Electronic Signature is already functionally equivalent to the QES in terms of legal effect.
Disclaimer
The information on this site is for general information purposes only and is not intended to serve as legal advice. Laws governing the subject matter may change quickly, so Flowmono cannot guarantee that all the information on this site is current or correct. Should you have specific legal questions about any of the information on this site, you should consult with a legal practitioner in your area.
References
1. Regulation on the Procedures and Principles Regarding the Implementation of the Electronic Signature Law.
2. Law No. 5070 on Electronic Signature (Published in the Official Gazette dated 23 January 2004, No. 25355).
3. Law No. 6098 on Turkish Code of Obligations (Article 14).
4. Law No. 6100 on Turkish Code of Civil Procedure (Article 205).
5. Information and Communication Technologies Authority (ICTA): The official body responsible for regulation and supervision.
