LEGAL ASSESSMENT ON THE VALIDITY OF DIGITAL SIGNATURES UNDER TURKISH LAW

The legal framework governing electronic signatures in the Republic of Türkiye is set forth primarily under the Electronic Signature Law No. 5070 and the relevant secondary legislation. Within this framework, the legislator has adopted a strict and formalistic approach in determining the conditions under which an electronic signature may be deemed legally valid and equivalent to a handwritten (wet ink) signature.

In this regard, it should be emphasized that not all electronic or digital signature solutions satisfy the requirements prescribed under Turkish law. In particular, widely used international platforms such as DocuSign do not, as of the date hereof, provide electronic signature solutions that comply with the criteria of a “secure electronic signature” as defined under applicable Turkish legislation. Consequently, documents executed through such platforms cannot be deemed to bear a legally valid electronic signature equivalent to a handwritten signature.

Pursuant to Article 4 of the Electronic Signature Law, a secure electronic signature is defined as an electronic signature which is: (i) exclusively linked to the signatory; (ii) created by means of a secure electronic signature creation device under the sole control of the signatory; (iii)based on a qualified electronic certificate (in Turkish, “nitelikli elektronik sertifika”) and (iv) capable of ensuring the integrity of the signed data by enabling the detection of any subsequent alterations. Only electronic signatures meeting these cumulative conditions are recognized as having the same legal effect as a handwritten signature.

Under Turkish law, qualified electronic certificates may only be issued by duly authorized Electronic Certificate Service Providers (such as TürkTrust, E-Güven, E-Tuğra, ArkSigner and PTT), operating under the supervision of the Information and Communication Technologies Authority (in Turkish, “Bilgi Teknolojileri ve İletişim Kurumu”). Accordingly, the validity of a secure electronic signature is contingent upon its issuance and use within this regulated ecosystem.

In practice, the use of secure electronic signatures is largely confined to specific platforms and applications integrated with public systems and infrastructure. By way of example, systems such as UYAP (National Judiciary Informatics System) and e-TUYS permit the use of secure electronic signatures within their respective controlled environments. These platforms are designed to operate in compliance with Turkish regulatory requirements and are therefore recognized as legally valid for the purposes of the transactions conducted therein.

Conversely, the use of non-compliant digital signature tools, including DocuSign, remains legally insufficient to establish conclusive and binding evidence. In the event of a dispute, documents executed through such means may, at best, be considered as “commencement of written evidence” (in Turkish, “yazılı delil başlangıcı”) within the meaning of Article 202 of the Civil Procedure Code No. 6100. While such qualification may support a claim when supplemented by additional evidence, it does not, in and of itself, constitute definitive proof.

In light of the foregoing, although digital signature platforms may be widely utilized in international commercial practice, their legal enforceability under Turkish law is limited. Accordingly, for agreements intended to produce full legal effect and binding force in Türkiye, it is strongly advisable that execution be effected by way of handwritten signature.

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