Yes, in 2004 the Turkey implemented the Electronic Signatures Law № 5070, which regulates the usage of the electronic signature in the country.
What types of Electronic Signatures are in Turkey?
In Turkey there are two types of electronic signature: simple and secure.
Simple electronic signature is a data in electronic form that are attached to other electronic data or linked logically to that electronic data and used for authentication.
Secure electronic signature has the same legal effect as a handwrittent 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.
pdfFiller electronic signature qualifies as simple electronic signaturee in Turkey.
Is It Necessary to Consent to the Use of Electronic Signature?
No, there is no requirement to consent for usage of electronic signatures. However, if you are planning to use the electronic signature for concluding a contract, we recommend to include there a consent on usage of electronic signatures.
Use of Electronic Signatures By Government Authorities
Secured electronic signatures are widely used by Turkish government authorities. There is a possibility to conduct all the litigation processes using secured electronic signatures via the National Judicial Information System. However, only documents signed with secured electronic signatures will be deemed as valid to be considered as a evidence in the Turkish courts.
Besides courts, other state authorities such as the Turkish Patent Institute and the Public Procurement Agency provides the services based on secured electronic signature.
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
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