Is an electronic signature legal in Turkey?

Types of electronic signature in Turkey

Turkish law distinguishes between a secure electronic signature (güvenli elektronik imza) and every other electronic signature. A secure signature must be exclusively linked to the signer, created with a secure signature creation device under the signer's sole control, identify the signer based on a qualified electronic certificate, and allow detection of later changes to the signed data. Qualified certificates are issued by electronic certificate service providers authorised by BTK, and include e-imza smart cards and mobile signatures (mobil imza).

Any other electronic signature, such as a typed or drawn signature or click-to-sign in an e-signature platform, is a simple electronic signature. It is not equivalent to a handwritten signature under Law No. 5070, but that does not make it invalid.

When a simple e-signature is enough

Turkish contract law follows freedom of form: under Article 12 of the Code of Obligations, contracts are not subject to any form unless the law says otherwise. Contracts without a statutory form requirement, such as most service agreements, NDAs, sales of movable goods, freelance agreements and commercial purchase orders, can be concluded with a simple electronic signature.

Where the law requires written form (for example certain employment contract terms or specific consumer contracts) or where the parties have agreed on written form, only a secure electronic signature satisfies it electronically. In those cases a simple e-signature may leave the contract open to challenge.

When you need a secure electronic signature, and what cannot be done electronically

Article 5 of Law No. 5070 says a secure electronic signature has the same legal effect as a handwritten signature. The same article sets two exclusions: legal transactions that the law subjects to an official form (resmî şekil) or a special ceremony, and guarantee contracts (teminat sözleşmeleri), other than bank letters of guarantee (banka teminat mektupları) and surety bonds issued by insurance companies established in Turkey, cannot be executed with a secure electronic signature.

In practice this means real estate sales and transfers carried out at the land registry, notarised transactions, marriage, and personal guarantees (kefalet) must follow their required physical procedures. Bank letters of guarantee and surety bonds issued by insurance companies established in Turkey are expressly carved out of that exclusion, so they can be signed with a secure electronic signature.

Evidence and admissibility under the HMK

Under the Code of Civil Procedure (HMK), a document signed with a secure electronic signature has the status of a senet: it is conclusive evidence until proven otherwise. A simple electronic signature does not have that status, but electronic records are treated as documents (belge) under Article 199 and can be submitted as evidence, which the judge evaluates freely alongside other evidence. Depending on the circumstances, such a record may also be treated as a beginning of written proof (delil başlangıcı) that can be completed with witnesses or other evidence.

Because of this, the evidential value of a simple e-signature depends heavily on the audit trail: e-mail delivery records, timestamps, IP addresses and a document hash all help show who signed and that the document was not changed. Also note that under HMK Article 200, legal transactions above a monetary threshold (updated annually) must generally be proven by a senet, which a simple e-signature on its own may not satisfy if the other party denies it.

Practical tips for businesses in Turkey

Use simple e-signatures with a strong audit trail for low- and medium-risk contracts without form requirements, and add an evidence agreement (delil sözleşmesi, HMK Article 193) that the parties accept the platform's electronic records as evidence. For contracts with a written-form requirement or high value, use a secure electronic signature (e-imza or mobil imza).

Between merchants, notices putting the other side in default, terminating a contract or rescinding it must be sent by notary, registered letter, telegram, or KEP with a secure electronic signature (Turkish Commercial Code, Article 18(3)). eSignSimple provides simple electronic signatures with an audit trail (timestamps, IP addresses and a document hash); it does not issue secure electronic signatures or provide KEP.

This page is general information about how electronic signature law works, not legal advice. For a specific high-value or regulated transaction, check with a qualified lawyer in the relevant jurisdiction.