Are electronic signatures legal in Turkey? What are the main laws regulating electronic signatures?

Electronic signatures are legal in Turkey. Electronic signatures in Turkey are primarily governed by the following legislation:

• Electronic Signature Law No. 5070
• Code of Obligations No. 6098
• Regulation on the Procedures and Principles Regarding the Implementation of the Electronic Signature Law
• Communiqué on the Processes and Technical Criteria Regarding Electronic Signatures
• Code of Civil Procedure

What types of electronic signatures are recognised in Turkey? What are the respective requirements for each?

Turkey recognises two types of electronic signatures: Electronic Signature and Secure Electronic Signature.

1.Electronic Signature

The Electronic Signature Law solely provides a definition for "electronic signature" as: data in electronic form which is attached to or logically linked to other electronic data and which is used for authentication purposes.
 

2.Secure Electronic Signature (SES)

Article 4 of the Electronic Signature Law specifies that a Secure Electronic Signature (SES) shall be a signature that meets the following conditions:

• It is exclusive to the signatory;
• It is created by means of a secure electronic signature creation device (SSCD) that is under the sole control of the signatory;
• It allows the identification of the signatory by means of a qualified electronic certificate;
• It is capable of detecting whether the signed electronic data has been altered after signing.

Secure electronic signature creation devices and qualified electronic certificates can only be provided by Electronic Certificate Service Providers (ECSPs) certified by the Turkish Information and Communication Technologies Authority ("ICTA").
A Secure Electronic Signature has the same legal effect as a handwritten signature (Article 5 of the Electronic Signature Law). This implies that documents bearing other types of electronic signatures (i.e., simple electronic signatures) have limited evidentiary value.
Parties may conclude an evidentiary agreement pursuant to Article 193 of the Code of Civil Procedure and agree that, in the event of a dispute, documents bearing an electronic signature will be considered as conclusive evidence.

In which situations are traditional (wet-ink) signatures required in Turkey?

Traditional signatures are required for the following instruments or in the following scenarios:

• Electronic signatures cannot be used for documents and contracts that are subject to specific formal or procedural requirements, as well as for surety agreements (guarantee agreements), with the exception of bank guarantees.
• Commercial instruments such as bills of exchange, bonds, cheques, warrants, and commercial papers (negotiable instruments) cannot be executed by electronic signature.
• Transactions related to the aforementioned commercial instruments (such as acceptance, aval/guarantee, and endorsement) cannot be performed using a secure electronic signature.
• Bills of exchange, warehouse receipts, warrants, or commercial papers, as well as contracts for the sale of immovable property and deeds, cannot be executed by electronic signature.
• Certain contracts regulated under Family Law (e.g., marriage contracts) and Inheritance Law (e.g., wills/testaments) cannot be executed by electronic signature.
• Intellectual property assignment/transfer agreements cannot be executed by electronic signature.
• Documents for which Turkish law requires an "official form" (e.g., official wills (testaments) drawn up by a notary public, and real estate sale and purchase transactions conducted at the land registry) cannot be executed by electronic signature.