Are eSignatures Legally Binding in Turkey?

Electronic signatures are legal in Turkey and have been since 2004 with the introduction of the Electronic Signature Law No. 5070. In Turkey, contracts are typically valid as long as the parties reach an agreement, whether that is verbal, electronic, or physical paper documents. The Turkish Code of Obligations (TCO) confirms that contracts executed with a secure e-signature (QES) have the same legal weight and enforceability as those with a handwritten signature. If a QES is not present digital transaction management solutions can provide electronic records admissible in court under Section 202 of the Turkish Code of Civil Procedure (TCCP).

Documents that can be signed electronically

A simple electronic signature (SES) can be used in the following types of transactions:

Residential and commercial lease agreements
Commercial agreements between corporate entities

In some cases, a more secure QES may be required, these documents include:

Promise of gift
IP license agreements
Assignment of claims
Hire purchase agreements
Publication contracts
Real estate brokerage contracts
Right of first refusal contracts

Documents that may not be electronically signed

Certain types of documents and agreements require handwritten signatures or formal procedures that are incompatible with electronic signatures. These include:

Intellectual Property (IP) Transfer Agreements
Securitisation Contracts
Inheritance Law Contracts, such as wills
Articles of Incorporation for a company
Contracts for the Sale of Real Property and Deeds
Family Law Contracts, such as marriage agreements

Notable legality changes since 2020

None.

Publicly Accessible Links to Laws/Regulations Discussed

Electronic Signature Law 5070

Disclaimer

The content provided on this website is meant for general informational use only and does not constitute legal advice. Legal regulations on this topic can evolve rapidly, so E-Sign does not ensure that the information presented here is always up-to-date or accurate. If you have particular legal concerns regarding any details on this site, it is recommended that you consult with a licensed attorney in your jurisdiction.

Last Updated 9th October 2024

The Legality of eSignatures in Turkey

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