Legality and enforceability of electronic signatures in Turkey*
Are Electronic Signatures Recognized in Turkey?
Yes, in 2004, Turkey implemented Electronic Signatures Law № 5070, which regulates the use of electronic signatures in the country.
What types of Electronic Signatures are in Turkey?
In Turkey, there are two types of electronic signatures: simple and secure.
A simple electronic signature is data in electronic form that is attached to other electronic data or linked logically to that electronic data and used for authentication.
A secure electronic signature has the same legal effect as a handwritten signature and has to comply with the following requirements:
- The signature should be exclusively assigned to the signatory.
- It must be kept under the sole control of the signatory.
- It should enable the identification of the signatory based on the Qualified Electronic Certificate.
- The signature must be capable of detecting whether the document was changed after the signing.
Default SignNow electronic signature qualifies as a simple electronic signature in Turkey. The signatures provided through the SignNow eID Easy integration satisfy the requirements for secure electronic signatures in Turkey.
Is It Necessary to Consent to the Use of Electronic Signature?
No, there is no requirement to consent to the use of electronic signatures.
Use of Electronic Signatures By Government Authorities
Secured electronic signatures are widely used by Turkish government authorities. The National Judicial Information System allows for the conduct of all litigation processes using secured electronic signatures. However, only documents signed with secured electronic signatures will be deemed valid and considered evidence in Turkish courts.
In addition to courts, other state authorities, such as the Turkish Patent Institute and the Public Procurement Agency, provide services based on secured electronic signatures.
When It Is Prohibited to Use Electronic Signatures
The use of electronic signatures is prohibited in the following cases:
- Commercial deeds (bills of exchange, bonds, checks, warrants, and commercial bills).
- Documents that require notarization, e.g., contracts for the sale of real property and deeds, family law contracts, wills, IP transfer agreements, etc.
* Disclaimer: This page is for informational purposes only. This page provides a background on the legal framework for electronic signatures in the respective country. This page is not legal advice and should not be used or relied upon as legal advice. You should seek legal counsel regarding any legal questions you have regarding the use of electronic signatures in this jurisdiction. To the maximum extent permitted by law, airSlate provides this page and the material on this page on an “as-is” basis. airSlate disclaims and makes no representation or warranty of any kind with respect to this page or the material on this page, express, implied, or statutory, including representations, guarantees, or warranties of merchantability, fitness for a particular purpose, or accuracy.
Last updated: September 2024