eSignature Legality in Türkiye

E-Signature Legality Summary

This guide explains the electronic-signature framework in Türkiye, including the governing laws, legal effect, accepted signature methods, validity requirements, exclusions and practical business uses.

Applicable Laws

The Electronic Signature Law 5070 (“E-signature Law”); Turkish Code of Civil Procedure No. 6100

Legal Status

Electronic records and signatures receive legal recognition in Türkiye under The Electronic Signature Law 5070 (“E-signature Law”); Turkish Code of Civil Procedure No. 6100. The signing process must also satisfy every document-specific rule on identity, evidence, delivery, retention, witnessing, notarization, registration or filing.

Regulatory Authority

The competent regulator is the Information and Communication Technologies Authority (ICTA), known in Turkish as BTK.

Legal Recognition (Effect)

Under the Electronic Signature Law, electronic signatures are legally recognized in Türkiye.

Evidentiary weight of ordinary electronic signatures: The evidentiary effect of documents bearing ordinary electronic signatures is limited. However, parties may enter into an evidence agreement under Article 193 of the Civil Procedure Law, stipulating that documents bearing electronic signatures shall be treated as conclusive evidence in the event of a dispute.

Evidentiary value of general electronic signatures: The evidentiary value of documents with ordinary electronic signatures is limited. However, parties may enter into an evidence contract pursuant to Article 193 of the Code of Civil Procedure, agreeing that in the event of a dispute, documents with electronic signatures shall be regarded as conclusive evidence.

Accepted Types of Electronic Signatures

Electronic signature types recognized in Türkiye include: Electronic Signature, Secure Electronic Signature.

A secure Electronic Signature (SES) must be uniquely linked to and under the sole control of the signatory, enable identification of the signatory through a certified digital certificate, and permit detection of any subsequent alteration. These requirements are set out in Article 4 of the Electronic Signature Law.

Refers to data in electronic form that is attached to other electronic data or is logically associated with such electronic data and used for identity verification.

• Secure Electronic Signature:

An electronic signature is only considered a secure electronic signature if it satisfies the following four conditions:

1. It is exclusively linked to the signer;

2. It is generated by a secure electronic signature creation device that can be under the sole control of the signer;

3. It is capable of identifying the signer's identity based on a qualified electronic certificate;

4. It is capable of detecting any subsequent modification made to the relevant electronic data after the signature was affixed."

A general Electronic Signature (SES), including an email or scanned signature, may be used for routine communications and internal documents. A Qualified Electronic Signature (QES) is recommended for legally sensitive matters, particularly contracts and government filings. Signature tools provided by a recognized certification entity should be preferred, and complete creation, storage, and verification records should be retained for evidentiary purposes.

Legal Requirements for Electronic Signatures

Secure electronic signature requirements: Exclusivity, control, identification based on a qualified digital certificate, and tamper-resistance (Article 4 of the Electronic Signature Law).

Limitations and Exceptions

Secure electronic signatures do not apply to: legal proceedings in official formats that are subject to special procedures or bound by law and guarantee contracts.

The most common examples include: insurance contracts, negotiable instruments, bonds, checks, warehouse receipts, warrants and instruments similar to bills of exchange, marriage contracts, official will custody contracts, and real estate registration.

Industry Applications and Typical Use Cases

1. Industry: Commerce and B2B Transactions

Reason for Use: According to the Turkish Electronic Signature Law (Law No. 5070), a Secure Electronic Signature has the same legal effect as a handwritten signature. Enterprises use electronic signatures to accelerate cross-border transactions, shorten contract turnaround times, and ensure the integrity and non-repudiation of documents during transmission, thereby reducing the risk of commercial disputes.

Common Scenarios: Non-Disclosure Agreements (NDA), sales contracts, purchase orders, supplier agreements, Master Service Agreements (MSA), franchise agreements.

2. Industry: Banking and Financial Services

Reason for Use: Turkish law explicitly allows the use of electronic signatures in specific financial guarantee documents (e.g., bank letters of guarantee), enabling financial institutions to achieve full digitalization of business processes. Electronic signatures meet the high standards for identity verification required by Know Your Customer (KYC) and Anti-Money Laundering (AML) compliance, improving the efficiency of account opening and loan approvals. Common Scenarios: Bank Letters of Guarantee, account opening applications, loan agreements, credit card applications, and various financial service contracts except those required by law to be notarized.

3. Industry: Real Estate (Leasing Business)

Reason for Use: Although Turkish law stipulates that real estate sales and title transfers must be handled in person at the Land Registry, electronic signatures are legal and effective for residential and commercial lease agreements. This allows landlords and tenants to quickly sign leases from different locations, accelerating the pace of property rentals and establishing legal leasing relationships.

Common Scenarios: Residential lease contracts, commercial real estate lease agreements, lease renewal agreements, property management contracts.

4. Industry: Public Sector and Legal Affairs

Reason for Use: Türkiye possesses a highly digitized public service system (such as the UYAP National Judicial Network Information System), where the use of secure electronic signatures is mandated or widely adopted for tax filings, social security transactions, and court documents. This ensures the authenticity and legal certainty of documents submitted to government agencies.

Common Scenarios: Tax returns, social security document submissions, litigation documents submitted to the UYAP system, customs documents.