eSignature Legality in Turkey

eSignature Legality Summary

Under Turkish law, a written signature is not necessarily required for a valid contract - contracts are generally valid if legally competent parties reach an agreement, whether they agree verbally, electronically or in a physical paper document (Turkish Code of Obligations (TCO), Turkish Civil Code and the Turkish Commercial Code). Articles 14(2) and 15(1) of the TCO specifically confirm that contracts, which have been executed by a secure electronic signature (similar to a qualified electronic signature or “QES” under European law), will have the same level of enforceability as those that bear a handwritten signature. 

To prove a valid contract, parties sometimes have to present evidence in court. In the absence of a secure electronic signature, leading digital transaction management solutions can provide electronic records that are admissible as commencement of evidence under Section 202 of the Turkish Code of Civil Procedure (TCCP), to support the existence, authenticity and valid acceptance of a contract.

In addition, Turkish court practice has clarified that emails and other electronic correspondence qualify as “documents” (belge) under Article 199 of the TCCP, provided that such records are obtained lawfully and assessed by the court on a case-by-case basis.

Use Cases for Standard Electronic Signature (SES)

Use cases where an SES is typically appropriate include:

• Commercial agreements between corporate entities, including NDAs, procurement documents, sales agreements, most sales contracts and commercial documents

• Residential and commercial lease agreements

These examples reflect common market practice; under Turkish law, enforceability ultimately depends on whether the relevant transaction is subject to a statutory form requirement.

Use Cases for Secure Electronic Signatures

Use cases where an electronic signature other than SES may be required include:

• Assignment of claims

• Right of first refusal contracts

• Hire purchase agreements

• Promise of gift

• Publication contracts

• Real estate brokerage contracts

• IP license agreements

Where Turkish law requires written form for the validity of a transaction, such requirement may generally be satisfied by a secure electronic signature within the meaning of Law No. 5070, unless the transaction is expressly excluded from electronic execution by statute.

Use Cases That Are Not Typically Appropriate for Electronic Signatures or Digital Transaction Management

Use cases that are specifically barred from digital or electronic processes or that include explicit requirements, such as handwritten (e.g. wet ink) signatures or formal notarial process that are not usually compatible with electronic signatures or digital transaction management.

• Notarization/land registry - contracts for the sale of real property and deeds, which are subject to official form requirements and must be executed through land registry or notarial procedures prescribed by law; such transactions cannot be completed using standard electronic signature platforms 

• 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