Is an electronic signature legal in Turkey?
A written signature is not required for a valid contract (Code of Obligations, Civil Code, Commercial Code). A “secure electronic signature” (similar to an EU QES) gives the same enforceability as a handwritten signature (TCO Arts. 14(2), 15(1)). Without one, electronic records are admissible as commencement of evidence (Code of Civil Procedure s. 202), and courts treat emails as “documents” (Art. 199).
What types of electronic signature are recognized in Turkey?
A standard electronic signature suits many commercial documents. Where the law requires written form for validity, a secure electronic signature within Law No. 5070 generally satisfies it, unless the transaction is expressly excluded from electronic execution.
What documents can be signed electronically in Turkey?
Suitable for commercial agreements (NDAs, procurement, sales) and most sales/commercial documents, and residential and commercial leases.
What documents cannot be signed electronically in Turkey?
A secure electronic signature may be required for assignment of claims, right-of-first-refusal contracts, hire-purchase agreements, promise of gift, publication contracts, real-estate brokerage, and IP license agreements.
What court cases have addressed eSignatures in Turkey?
None reported.
