Introduction
With the rapid spread of digitalization, the sharing of information and documents has increasingly shifted to electronic platforms, providing significant convenience for both individuals and institutions. This transformation not only enables transactions to be carried out quickly, economically, and practically, but also creates the need to ensure security and accuracy in legal transactions. The electronic signature, developed as both a technical and legal tool, fulfills the function of the traditional wet-ink signature in the digital sphere.
In Turkish law, electronic signatures are regulated by Law No. 5070 on Electronic Signatures (“the Law”), and it is accepted that, if certain conditions are met, they have the same legal validity as handwritten signatures. This recognition has made it possible for many transactions in both private law relationships and public administration to be carried out outside the physical environment.
This article examines the concept of electronic signatures and the definition of qualified electronic signatures under Turkish law; evaluates their areas of application and the situations in which they are deemed legally invalid; and briefly addresses the legal status of foreign-issued electronic certificates.
Definition of Electronic Signature
Under the legislation, in order for electronically signed documents to have the same legal effect as handwritten signatures, certain technical and structural conditions must be met. The Law defines an electronic signature as “a set of electronic data that is attached to or logically associated with electronic data and used for authentication purposes.” The “Qualified Electronic Signature” is a specific type of electronic signature that meets certain technical and legal requirements, and according to the Law, only qualified electronic signatures have the same legal effect as handwritten signatures.
Article 4 of the Law defines a qualified electronic signature as one which:
- Is unique to the signatory,
- Is created by a secure electronic signature creation device that is solely under the control of the signatory,
- Is based on a qualified electronic certificate providing identity authentication, and
- Makes it possible to detect whether the signed data has been altered afterwards.
In Türkiye, Qualified Certificate Service Providers (Electronic Certificate Service Providers) that issue qualified electronic signatures may only operate under an authorization granted pursuant to Law No. 5070. The updated list of such providers can be accessed via the Information and Communication Technologies Authority’s website: https://www.btk.tr/elektronik-sertifika-hizmet-saglayicilari
Unless otherwise explicitly provided by law, documents signed with a qualified electronic signature satisfy the statutory requirement of written form. Accordingly, not only technical adequacy but also compliance with certain procedures and mechanisms is required; for a qualified electronic signature to be valid, it must be supported by a certificate issued by a qualified service provider.
A common misconception in practice is the assumption that every electronic signature satisfies the written form requirement. In fact, this legal consequence applies only to “qualified” electronic signatures meeting the above-mentioned criteria.
Some Application Areas of Electronic Signatures
Given that a qualified electronic signature produces the same legal consequences as a handwritten signature under the Law and fulfills the written form requirement, its main areas of application may be exemplified as follows:
1. E-Government and Public Services
Electronic signatures are used in many digital services provided by public institutions for authentication and approval purposes. Within the e-Government portal, they are widely used in processes such as tax returns, social security procedures, tender applications, official correspondence, and authorization requests. E-signed petitions and intra-institutional communications also eliminate the need for physical paperwork in public administration, reducing transaction times.
2. Commercial Contracts and Corporate Transactions
In private law relations, electronic signatures provide considerable convenience and security, particularly in the formation and execution of contracts between companies. In commercial practice, approvals of contracts, offers and order forms, reconciliation statements, financial documents, and invoice confirmations may be signed electronically and are considered legally valid. Moreover, corporate processes such as trade registry filings and electronic general assembly meetings also actively rely on electronic signatures.
3. Judicial Proceedings: UYAP and E-Notification Systems
The National Judiciary Informatics System (UYAP), operated by the Ministry of Justice, is one of the most significant platforms where electronic signatures are widely used. Lawyers, prosecutors, judges, and other legal professionals, as well as citizens, may submit case petitions, expert reports, court decisions, and similar documents to UYAP using electronic signatures. Additionally, the e-notification system allows notifications to be served electronically via secure electronic signatures, ensuring that service of process is both swift and verifiable.
4. Banking and Financial Sector
Financial institutions employ electronic signatures in customer transactions and internal processes as an authentication and approval tool. Transactions such as loan applications, account openings, information forms, and contract approvals can now be completed electronically without physical paperwork. This enhances transaction security while providing time and cost efficiency, especially in remote customer onboarding processes.
Areas Where Electronic Signatures Cannot Be Applied
Although qualified electronic signatures fulfill the written form requirement under Article 14 of the Turkish Code of Obligations, it should not be overlooked that they may not suffice in transactions that the legislator has subjected to official form or special ceremonies.Pursuant to Article 5/2 of the Law, legal transactions subject to official form or special procedures, surety agreements other than bank guarantee letters, and guarantee agreements other than surety bonds issued by insurance companies established in Türkiye cannot be executed with qualified electronic signatures. his provision indicates that, for certain specific types of agreements, the use of qualified electronic signatures is not legally permissible.
Accordingly, in assessing the applicability of electronic signatures in practice, not only the Law but also relevant sectoral legislation must be taken into account. Before concluding a contract or document electronically, the requirements concerning form should therefore be carefully examined in light of the specific circumstances of the case.
Foreign Electronic Certificates
According to Article 14 of the Law, the legal consequences of electronic certificates issued by certificate service providers established abroad are determined by international treaties. In this context, foreign electronic certificates recognized by a Turkish-qualified service provider are considered qualified electronic certificates and are thus valid for electronic signature transactions in Türkiye. However, it is not yet common practice for a Turkish service provider to directly recognize a foreign qualified electronic signature (e.g., Adobe, DocuSign, Swisscom, etc.).
Conclusion
Under Turkish law, the electronic signature is a crucial tool that enables digital transactions to be carried out securely and validly. The framework established by Law No. 5070 grants qualified electronic signatures the ability to satisfy the statutory requirement of written form in both public and private law, thereby enhancing legal certainty. From UYAP to banking, from commercial contracts to e-Government services, electronic signatures are effectively employed across a wide range of applications.
Nevertheless, the continued restrictions on certain areas—such as transactions subject to official form or special procedures—demonstrate that electronic signatures cannot be used in all circumstances.
Attorney At Law Aleyna Çeven