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What Is an Electronic Signature?

If your company is contracting with a Turkish entity — or signing documents in Turkey for any reason — the practical question is rarely whether an electronic signature is 'a thing'. Most international legal teams accept that documents can be signed electronically. The sharper question is whether the resulting document will hold up under Turkish law if it is ever challenged. The short answer is that Turkish law treats a properly executed secure electronic signature as the equivalent of a handwritten one. The longer answer, and the one this article works through, is what 'properly executed' means in practice and where the exceptions sit.

The governing statute is Law No. 5070 on Electronic Signatures (2004). It distinguishes between electronic signatures generally and a narrower category called the 'secure electronic signature' (güvenli elektronik imza). The Code of Civil Procedure No. 6100 reinforces this by treating data created with a secure electronic signature as having the evidential weight of a formal document (senet hükmünde), and by requiring the court itself to verify whether the signature was indeed secure when a signed document is submitted as evidence. The two statutes together form the basis on which a Turkish court will accept — or refuse — an electronically signed contract.

Law No. 5070 defines a secure electronic signature as one that is uniquely linked to the signer, created using a signing device the signer controls, based on a qualified electronic certificate, and capable of detecting any later change to the signed data. In plain terms: the signer's identity is bound to a cryptographic key, the key is issued by a qualified certification service provider, and the document is sealed in a way that any later edit becomes visible. A simple click-through on a PDF in a web browser does not, by itself, meet this test. Platforms that capture the full chain — identity verification, certificate issuance, document integrity — do.

There is, however, a hard carve-out. Under Law No. 5070, matters that the law requires to be executed in an official form (resmî şekil) or with a specific formality cannot be carried out by secure electronic signature, and the same rule applies to bank letters of guarantee and to surety bonds issued by Turkish-resident insurance companies. Conveyances of real property, wills, certain family-law transactions and a handful of regulated instruments fall on the 'official form' side of that line. For everything else — commercial contracts, NDAs, employment offer letters, sales agreements, services agreements, IP assignments — a secure electronic signature produces the same legal effect as a handwritten one.

Evidential integrity, however, is not automatic. It depends on the workflow the platform records. A Turkish court will look at three things: whether the signer's identity was actually verified at the time of signing (and not just at account creation); whether the audit trail captures who signed, when, from which IP, and against which document version; and whether the document itself is sealed against later edits. A platform that records each of these elements and preserves them for the lifetime of the agreement is positioned to produce a complete evidential file if litigation arises years later.

For international companies, the practical question is often 'what changes from our existing e-sign process'. Three things tend to matter. First, certificate trust: qualified certificates issued under Law No. 5070 are recognised in Turkey without further steps; certificates issued under foreign regimes may be relied on, but their recognition depends on the specifics of the bilateral arrangement and on the terms of the foreign certificate. Second, language of disclosure: the signing workflow should make clear, in English or in a language the signer reads, what is being signed, what consent is being captured, and where the document will be stored. Third, retention horizon: contracts in Turkey are typically subject to a ten-year statutory limitation, so the audit trail needs to outlive that horizon even if your home jurisdiction is shorter.

The use cases that benefit most are those where signed documents move frequently across borders and time zones. Commercial sales agreements that close between a European counterparty and a Turkish distributor, employment offer letters issued to remote hires in Istanbul, NDAs exchanged during a due-diligence window, KYC packs assembled for a financial-services onboarding — each involves multiple parties, multiple jurisdictions and short signing windows. The same pattern repeats in procurement, where a purchasing team in Ankara and a supplier in another country need to close a master services agreement before quarter-end. Electronic signatures convert each of these from a multi-day logistics exercise into a same-day close.

This is why the legal question and the operational question are usually answered together. Once the legal framework is satisfied — secure electronic signature under Law No. 5070, treated as a formal document under the Code of Civil Procedure No. 6100 — the platform that captures the right workflow also delivers the speed, traceability and audit log that operations teams are looking for. Docusign eSignature operates within this framework: identity verification aligned to qualified certificate standards, tamper-evident completion, encrypted storage and a searchable archive of every signing event. For an international team working with Turkish counterparties, that combination is what turns e-signature from a question of 'will it hold up' into a question of 'how quickly can we close'.

For organisations with their own data protection, legal and IT teams, the practical path is usually a short one: confirm the contract population falls outside the official-form carve-out, agree the legal basis for processing, pick a platform that captures identity verification and a tamper-evident audit trail, document the retention horizon, and run a short pilot before rolling the workflow across the Turkish entity. Each of those decisions is small on its own; together they produce a signing pipeline that will hold up in Turkey without disturbing the way the rest of the company closes its contracts.

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