Electronic Signature

What gives a Turkish electronic signature legal effect?

Electronic Signature Law No. 5070 is the starting point. It distinguishes an electronic signature from a secure electronic signature supported by the statutory certificate and creation requirements. The secure form generally has the legal effect of a handwritten signature. A typed name, scanned image or ordinary platform approval may still be evidence of an agreement, but it should not be described as automatically satisfying a Turkish legal requirement for a secure signature.

Before choosing a signing platform, identify the contract's required form, the signer's authority and the evidence needed if execution is later disputed. The Turkish Code of Obligations and sector-specific rules may also affect the underlying transaction; they do not replace Law No. 5070 as the core electronic-signature statute.

Can a foreign electronic certificate be used in Türkiye?

Do not assume that a certificate issued abroad is automatically a Turkish qualified certificate. The BTK explains that the legal effects of foreign certificates may follow international agreements; a certificate issued by a foreign provider may be treated as qualified where a Turkish electronic certificate service provider accepts it under the statutory framework. The provider, certificate status and relevant transaction should be checked before a cross-border closing.

For a foreign buyer signing with a Turkish seller, agree the execution method before circulating final documents. A signature acceptable for an ordinary commercial agreement may be insufficient for a corporate filing, notarial act or security document.

Documents that need a separate form check

BTK notes that transactions subject to official form or a special legal ceremony, and guarantee contracts, cannot simply be completed with a secure electronic signature. Registry filings, powers of attorney, real-estate transfers and regulated documents may have their own signing or submission channels. The correct answer depends on the document and the authority receiving it.

Cross-border execution checklist

1. List every document in the transaction and mark its governing law and required form.
2. Verify the Turkish company extract, signature circular or other evidence of the signer's authority.
3. Confirm the certificate provider, certificate validity and any foreign-certificate recognition issue.
4. Agree which version and language controls and whether counterparts are permitted.
5. Retain the signed native file, timestamp, validation evidence and complete audit trail.
6. Check whether a notary, trade registry, bank or public authority requires its own procedure.

Common buyer questions

Is a PDF with a pasted signature enough? It may evidence assent, but it is not automatically a secure electronic signature under Law No. 5070. Can we use our global e-sign platform? Possibly for an ordinary contract, after checking the required form, proof and Turkish counterparty's process. Does an e-signature cure lack of authority? No. The signer's corporate authority must be verified separately.

For agreements with a Turkish counterparty, our commercial contract team can review the proposed execution method alongside the contract terms.

Official sources

• BTK: Electronic Signature General Information
• BTK: Electronic Signature FAQ, including foreign certificates and form limits