eSignature Legality Guide
eSignature Legality in Turkey
Electronic signatures have been legally recognized in Turkey since 2004, following the enactment of the Electronic Signature Law No. 5070.
E-Signature Legality Summary
According to Turkish law, a handwritten signature is not always required for a contract to be valid—contracts are generally enforceable if competent parties reach an agreement, whether that agreement is made verbally, electronically, or in writing (as per the Turkish Code of Obligations (TCO), Turkish Civil Code, and Turkish Commercial Code). Articles 14(2) and 15(1) of the TCO specifically state that contracts executed with a secure electronic signature (QES) are as legally binding as those signed by hand. In some cases, parties may need to provide evidence in court to prove the validity of a contract. If a QES is not used, leading digital transaction management platforms can generate electronic records that are admissible as preliminary evidence under Section 202 of the Turkish Code of Civil Procedure (TCCP), supporting the existence, authenticity, and acceptance of a contract.
Use Cases for Standard Electronic Signature (SES)
Standard electronic signatures (SES) are generally suitable for the following scenarios:
- Commercial contracts between companies, including NDAs, procurement documents, sales agreements, most sales contracts, and other commercial documents
- Residential and commercial lease agreements
Use Cases for Other Types of Electronic Signature (e.g. QES
There are situations where a type of electronic signature other than SES, such as a QES, is required:
- QES - assignment of claims
- QES - right of first refusal contracts
- QES - hire purchase agreements
- QES - promise of gift
- QES - publication contracts
- QES - real estate brokerage contracts
- QES - IP license agreements
Use Cases That Are Not Typically Appropriate for Electronic Signatures or Digital Transaction Management
Certain use cases are expressly excluded from digital or electronic processes, or require specific formalities such as handwritten (wet ink) signatures or notarization, which are generally not compatible with electronic signatures or digital transaction management.
- notarization/land registry - contracts for the sale of real property and deeds
- notarization/land registry - certain contracts under family law, such as marriage contracts
- notarization/land registry - certain contracts under inheritance law, such as wills
- notarization/land registry - securitization contracts
- notarization/land registry - articles of incorporation of a company
- notarization/land registry - IP transfer agreements
[1] A QES is a specific type of digital signature that meets government-defined standards, including the use of a secure signature creation device, and is certified as 'qualified' by the government or an authorized entity.
DISCLAIMER: The content provided on this website is for general informational purposes only and does not constitute legal advice. Laws and regulations may change rapidly, and DocuSign cannot ensure that all information presented here is up to date or accurate. If you have specific legal questions regarding any information on this site, please consult a qualified attorney in your jurisdiction.
Last updated: November 1, 2019