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 (QES), 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 QES, 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.

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

Use Cases for Other Types of Electronic Signature (e.g. QES

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

• 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

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

• 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 digital signature implementation that has met the particular specifications of a government, including using a secure signature creation device, and been certified as ‘qualified’ by either that government or a party contracted by that government.