Electronic Signature
"Are electronic signatures legally valid in Turkey?"
Quick Answer
Under Law No. 5070, secure electronic signatures are legally equivalent to handwritten signatures; however, some transactions may still require special statutory form (e.g., notarization/official form or land registry procedures), so the appropriate signing method should be assessed case-by-case.
Legal Framework in Turkey
Electronic signatures in Türkiye are primarily governed by the Electronic Signature Law No. 5070; a ‘secure electronic signature’ (güvenli elektronik imza) has the same legal effect as a handwritten signature, subject to statutory form requirements and specific exceptions, while the Turkish Code of Obligations No. 6098 applies to the underlying contract relationship. Secure electronic signatures created using a qualified electronic certificate issued by an authorized electronic certificate service provider generally provide the highest level of legal certainty under Law No. 5070.
Key Points to Remember
- Law No. 5070 is the primary statute
- Only a ‘secure electronic signature’ has handwritten-signature equivalence
- Standard e-signatures (e.g., typed name / scanned signature / click-to-sign) may still be valid as evidence but do not automatically satisfy ‘written form’ requirements
- Certain transactions require official/notarial form and may not be completed solely via e-signature
- Enforceability and evidentiary strength improve with audit trails, identity verification, and proper retention
Drafting Considerations
When using electronic signatures, ensure the chosen method matches the statutory form requirement (if any) and maintain robust evidence (identity verification, qualified certificate details, timestamp/audit trail, and secure retention) to support enforceability in potential disputes. Bilingual contracts (English-Turkish) are common for international transactions.
Including appropriate dispute resolution mechanisms, clear governing law provisions, and well-defined obligations helps prevent future conflicts and ensures enforceability.
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