COURT-ADMISSIBLE

Yes

GENERAL BUSINESS USE

Yes

E-SIGNATURE LEGAL MODEL

Tiered

eSignature Legality Summary

According to Electronic Signature Law No. 5070, Turkish law recognizes electronic signatures as legally valid. A written signature is not always necessary to prove the validity of a contract. According to Turkish Civil Code and Turkish Commercial Code (TCO), legally competent parties can reach an agreement verbally, electronically or physically using wet signatures. Article 14(2) and 15(1) of the TCO clearly states that any contract executed using secure electronic signatures (QES) will carry the level of enforceability as contracts signed using traditional wet signatures. According to Section 202 of Turkish Code of Civil Procedure, in case QES (Qualified Electronic Signatures) is not available, electronic records provided by leading digital transaction management solutions can be considered as commencement of evidence to prove existence, authenticity and validity of a contract.

Use cases where an SES is typically appropriate include:

  • Commercial documents such as agreements between parties, NDAs, procurement documents, sales agreements and most of the sales contracts
  • Documents for lease agreements pertaining to both residential and commercial properties

Use cases where QES is typically appropriate include:

 

  • * QES – for 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
  •  

There are certain use-cases specifically barred from digital or electronic processes. They have explicit requirements such as handwritten signatures or notarial processes that are not compatible with electronic signatures or digital transaction management.

 

  • * notarization/land registry – contracts for the sale of tangible property and deeds
  • * notarization/land registry – specific contracts falling under family law, such as marriage contracts
  • * notarization/land registry – specific contracts falling under inheritance law, such as wills
  • * notarization/land registry – contracts for securitization
  • * notarization/land registry – articles of incorporation of a company
  • * notarization/land registry – IP transfer agreements
  •  

What is a QES?

 

An electronic signature is considered to be a QES if its implementation meets the particular specifications of a country or legal body (Turkey in this case). This includes using a secure signature creation device and ‘qualified’ certification by either the government or a certifying authority (CA) contracted by the government.

DISCLAIMER: This information is intended to help you understand the legal framework of electronic signatures. However, eMudhra cannot provide legal advice. The law of electronic signatures is constantly evolving. This guide is not intended as legal advice and should not serve as a substitute for professional legal advice. You should consult an attorney regarding any specific legal concerns. eMudhra, and all associates including agents, officers, employees or affiliates, are not liable for any direct, indirect, incidental, special, exemplary or consequential damages.

ABOUT THE GUIDE

The eSignature Legality Guide is the result of legal research into the laws and practices regarding eSignature on a country-by-country basis. Each country-level analysis was conducted by local law firms located in that country, in that country’s local language. This legal analysis was then supplemented with complementary research on eSignature and digital signature technology standards conducted by independent technology experts. Together, this information is provided as a public resource to understand eSignature legality, and clarify some of the common misconceptions about international eSignature legality.

COURT-ADMISSIBLE

A basic measure of eSignature legality in a country is whether courts will admit eSignatures as evidence in court. In most countries in the world, an eSignature cannot be rejected simply because it is electronic, meaning that it should be admissible, subject to proof. Learn more about how DocuSign helps you prove an eSignature validity in court, below.

GENERAL BUSINESS USE

While there are exceptions for very specific types of transactions, eSignatures, independent of the underlying technology, may be used for the majority of general business transactions in most countries. Issues that may restrict general business use include local technology requirements or other restrictions on special transactions types. Learn more about specific transaction types, below.

E-SIGNATURE LEGAL MODEL

‘Tiered’ countries recognize Qualified Electronic Signature (QES, or the locally named equivalent) as a distinct type of eSignature. In these countries, a QES has special legal status in the form of presumed authenticity, and may be legally required for a few, specific transaction types. In spite of this, a non-QES eSignature can still be submitted as evidence in court even in Tiered countries, so long as the party presenting it has sufficient evidence to prove that it is valid. Countries imposing QES standards often struggle to promote electronic business transactions, especially across country borders. ‘Open’ countries have no such technology requirements or eSignature types that receive special legal status. Learn more about eSignature legality at https://www.emsigner.com/

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