Are electronic signatures legally valid in Turkey? Learn the difference between secure and simple e-signatures, excluded transactions, evidentiary value, corporate authority, cross-border contracts, KEP, and practical business use in 2026.

Introduction

Electronic contracting has become an essential part of international trade, technology transactions, banking, supply chains, corporate management, and remote business operations. Foreign companies doing business in Turkey increasingly sign distribution agreements, software contracts, confidentiality agreements, consultancy arrangements, purchase orders, and service contracts without exchanging physical originals.

Electronic signatures can be legally valid in Turkey. However, not every digital signing method has the same legal effect.

A scanned signature, a name typed at the end of an email, approval through an online platform, and a secure electronic signature based on a qualified electronic certificate are legally different. The strongest statutory protection is granted to a secure electronic signature, which generally produces the same legal consequences as a handwritten signature.

Businesses must also consider important exceptions. Transactions requiring an official form or special legal ceremony, as well as certain guarantee-related arrangements, cannot always be completed solely by secure electronic signature. The validity of an electronically signed commercial contract therefore depends on the transaction, the signature technology, the authority of the signatory, and applicable formal requirements.

This 2026 guide explains how electronic signatures are used in Turkish commercial contracts, which agreements can be signed electronically, which transactions require additional formalities, and how foreign businesses can reduce enforcement risks.

What Is an Electronic Signature Under Turkish Law?

Electronic signatures are primarily governed by Electronic Signature Law No. 5070.

In general terms, an electronic signature refers to electronic data attached to or logically associated with other electronic data and used for authentication. The Turkish system distinguishes between ordinary electronic approval methods and a legally defined secure electronic signature.

A secure electronic signature must be:

• Exclusively linked to the signatory;
• Created by a secure signature-creation device under the signatory’s control;
• Based on a qualified electronic certificate;
• Capable of identifying the signatory;
• Capable of revealing subsequent changes to the signed data.

Qualified electronic certificates required for secure electronic signatures are obtained from electronic certificate service providers operating within the regulatory framework supervised by the Information and Communication Technologies Authority. The Authority publishes the current list of service providers from which qualified certificates may be obtained.

Are Electronic Signatures Legally Valid in Turkey?

Yes. A secure electronic signature generally has the same legal effect as a handwritten signature.

Article 5 of Electronic Signature Law No. 5070 states that a secure electronic signature produces the same legal result as a handwritten signature. Article 15 of the Turkish Code of Obligations similarly recognizes that a secure electronic signature has all the legal consequences of a handwritten signature.

Therefore, where Turkish law requires an ordinary written contract, that requirement can generally be satisfied by a document signed with valid secure electronic signatures.

This may apply to many ordinary commercial agreements, including:

• Confidentiality agreements;
• Consultancy agreements;
• Software development contracts;
• Licensing agreements;
• Supply contracts;
• Service agreements;
• Distribution agreements;
• Commercial agency agreements;
• Framework purchase agreements;
• Technology contracts;
• Settlement arrangements not subject to special form;
• Corporate procurement documents.

The validity of each contract must nevertheless be reviewed separately because some transactions are subject to mandatory formal requirements.

Secure Electronic Signature Versus Simple Electronic Signature

One of the most important practical issues is the difference between a secure electronic signature and other digital signing methods.

Secure Electronic Signature

A secure electronic signature is based on a qualified electronic certificate and satisfies the technical and legal requirements of Law No. 5070.

It generally:

• Has the legal effect of a handwritten signature;
• Identifies the signatory;
• Protects the integrity of the signed document;
• Shows whether the document was changed after signing;
• Has strong evidentiary value;
• May satisfy an ordinary written-form requirement.

The Information and Communication Technologies Authority confirms that secure electronic signatures are treated as equivalent to handwritten signatures and that electronic data created with them may have the status of a written instrument in legal proceedings.

Simple Electronic Signature

A simple electronic signature may include:

• A scanned image of a handwritten signature;
• A typed name under an email;
• Clicking an “I accept” button;
• A platform-generated signature;
• A signature drawn on a touchscreen;
• An email confirmation;
• A one-time-password approval;
• An internal digital approval record.

These methods are not automatically equivalent to a handwritten signature under Law No. 5070.

They may still have legal and evidentiary value, particularly where the agreement is not subject to a statutory written-form requirement. Emails, system logs, IP records, verification messages, commercial correspondence, performance records, and subsequent conduct may help prove that the parties reached an agreement.

However, a simple electronic signature may not satisfy a mandatory written-form requirement where Turkish law requires a handwritten or secure electronic signature.

Can Commercial Contracts Be Formed Without a Signature?

Many commercial contracts under Turkish law are not subject to a mandatory form unless the legislation or the parties require otherwise.

As a result, an agreement may sometimes be formed through:

• Email correspondence;
• Electronic order and acceptance;
• Online platform confirmation;
• Exchange of purchase orders;
• Performance of contractual obligations;
• Electronic messages;
• Recorded commercial communications.

This does not mean that written signatures are unnecessary. The main difficulty is often not contractual formation but proof.

A business attempting to enforce an unsigned electronic agreement may need to prove:

• Who sent the communication;
• Whether the sender had authority;
• Which contractual version was accepted;
• Whether general terms were incorporated;
• When acceptance occurred;
• Whether the document was modified;
• Whether the parties intended to be legally bound.

Secure electronic signatures substantially reduce many of these evidentiary disputes.

Evidentiary Value in Turkish Courts

Under the Turkish Code of Civil Procedure, electronic data properly created with a secure electronic signature is treated as a written instrument. The court must examine whether the document was genuinely produced using a secure electronic signature where its authenticity is disputed.

This provides a secure electronically signed contract with significantly stronger evidentiary status than an ordinary scanned document.

A simple electronic signature or email may still be submitted as evidence. However, the court may need to evaluate it together with:

• Server records;
• Email headers;
• Platform audit trails;
• Authentication logs;
• SMS verification records;
• Payment documents;
• Delivery records;
• Witness testimony;
• Commercial books;
• Expert examination;
• Subsequent contractual performance.

Businesses should therefore preserve the complete digital transaction record rather than storing only the final PDF.

Which Transactions Cannot Be Completed Solely With a Secure Electronic Signature?

The fact that a secure electronic signature is equivalent to a handwritten signature does not mean it can be used for every legal transaction.

Electronic Signature Law No. 5070 excludes transactions that legislation subjects to:

• Official form;
• A special legal ceremony;
• Certain guarantee arrangements.

The official text of Article 5 expressly provides that transactions requiring official form or a special ceremony, as well as guarantee contracts, cannot generally be completed through a secure electronic signature alone.

Examples requiring separate legal analysis may include:

• Real estate transfers;
• Transactions requiring execution before a land registry;
• Contracts requiring notarization;
• Certain vehicle-related formal transactions;
• Suretyship agreements;
• Mortgage transactions;
• Some guarantees;
• Transactions involving handwritten statutory declarations;
• Corporate acts subject to registration or notarized documentation;
• Instruments governed by special statutory issuance requirements.

Sector-specific legislation or a dedicated electronic system may permit electronic completion of some formal procedures. Businesses should therefore avoid assuming that every contract excluded from ordinary e-signature rules must always be completed only on paper.

Can Suretyship Agreements Be Electronically Signed?

Suretyship requires particular caution.

The Turkish Code of Obligations imposes strict validity requirements on suretyship agreements. Certain matters, including the maximum amount of liability, the date of the suretyship, and specific statements for some types of suretyship, must be handwritten by the surety.

A secure electronic signature cannot ordinarily replace a requirement that particular statements be personally handwritten.

Accordingly, a foreign business should not rely on a standard electronic-signature platform for a Turkish-law suretyship agreement without obtaining transaction-specific advice.

Failure to comply with mandatory form requirements may cause the suretyship to be invalid, even if the underlying commercial contract remains valid.

Can Bank Guarantees Be Issued Electronically?

Bank guarantees, letters of guarantee, counter-guarantees, and electronic guarantee systems operate under specialized banking and commercial practices.

Their validity may depend on:

• The issuing bank;
• Applicable banking rules;
• The guarantee wording;
• The electronic platform used;
• The beneficiary’s acceptance;
• Regulatory requirements;
• Whether the guarantee is independent or accessory;
• Cross-border banking standards.

An ordinary PDF signed through a private platform should not automatically be treated as a legally sufficient electronic bank guarantee. The relevant banking structure and applicable special rules should be examined separately.

Electronic Signatures and Corporate Authority

A technically valid electronic signature does not prove that the signatory had authority to bind the company.

Before accepting an electronically signed commercial contract, the counterparty should verify:

• The signatory’s identity;
• Current trade registry records;
• Signature authority;
• Board resolutions;
• Internal approval limits;
• Joint-signature requirements;
• Powers of attorney;
• Whether the company is represented by one or more persons;
• Whether the transaction exceeds delegated authority.

For example, a company’s articles or trade registry records may require two directors to sign jointly. A contract signed electronically by only one director may therefore create an authority dispute even if that director’s electronic certificate is valid.

Foreign companies should request up-to-date evidence of representation before execution.

Can Legal Entities Obtain Electronic Signatures?

A secure electronic signature is associated with a natural person.

A company acts through its authorized representatives, who use their individual secure electronic signatures in the relevant corporate capacity. The document and supporting corporate records should make clear that the person signs on behalf of the legal entity rather than personally.

Turkey also recognizes electronic seals within the broader electronic trust-services framework. Electronic seals can support proof of document origin and integrity for legal entities, but they should not automatically be confused with an authorized representative’s signature where the transaction requires the company to make a binding declaration through its representative.

Electronic Signature and Electronic Seal: What Is the Difference?

An electronic signature is linked to a natural person and is used to identify the individual making the declaration.

An electronic seal is associated with a legal entity and may be used to establish the source and integrity of electronic data issued by that organization.

In practical terms:

• An electronic signature identifies the human signatory;
• An electronic seal may authenticate the organizational source;
• A seal does not always replace the need for an authorized representative’s signature;
• The required method depends on the document and applicable legislation.

Businesses should determine whether a transaction requires a binding declaration by an authorized person, institutional authentication, or both.

Use of Electronic Signatures in Cross-Border Contracts

Cross-border commercial contracts raise additional questions.

A foreign electronic signature is not automatically treated as a Turkish secure electronic signature merely because it is legally valid in another country. Recognition may depend on:

• The certificate provider;
• Applicable international agreements;
• Recognition arrangements;
• Technical compatibility;
• Contractual choice of law;
• The place of signature;
• The place of performance;
• Mandatory Turkish formal rules.

The parties may agree that signatures made through an international platform are contractually acceptable. Such a clause may support proof of consent, particularly for contracts not subject to mandatory written form.

However, contractual acceptance cannot override mandatory Turkish form requirements.

For important cross-border agreements, parties may choose one of the following approaches:

1. Each Turkish signatory uses a Turkish qualified certificate;
2. Parties exchange wet-ink originals;
3. Parties sign counterparts using methods valid in their respective jurisdictions;
4. A simple platform signature is used together with enhanced authentication and detailed evidence records;
5. Both electronic and physical execution methods are used where formal validity is uncertain.

Is a DocuSign-Style Signature Valid in Turkey?

The answer depends on how the platform signs the document and whether the signature satisfies the requirements for a secure electronic signature under Turkish law.

A platform signature may constitute useful evidence of contractual consent. Its evidentiary strength can be supported by:

• Identity verification;
• Multi-factor authentication;
• Time stamps;
• IP addresses;
• Audit certificates;
• Email verification;
• Mobile verification;
• Tamper-evident records;
• Document version history.

Nevertheless, a standard platform-generated signature does not necessarily qualify as a Turkish secure electronic signature based on a qualified electronic certificate.

It may therefore be sufficient for a form-free commercial contract but insufficient where Turkish law requires written form or secure electronic signature equivalence.

What Is a Time Stamp?

A time stamp is an electronic record used to establish that particular electronic data existed at a specified time.

Time stamps may help prove:

• When a contract was signed;
• Which version existed at a particular moment;
• Whether the document was altered;
• Whether a notice was sent before a deadline;
• The chronological order of corporate approvals.

A time stamp supports evidentiary reliability but does not, by itself, replace the signature of the person required to make the contractual declaration.

Electronic Signatures and Registered Electronic Mail

Registered Electronic Mail, commonly known as KEP, provides a regulated system for sending and receiving legally significant electronic communications.

KEP may be useful for:

• Contract notices;
• Default notices;
• Termination notices;
• Payment demands;
• Delivery of signed documents;
• Corporate communications;
• Proof of dispatch and receipt.

The Information and Communication Technologies Authority publishes the registered KEP service providers currently authorized to operate in Turkey.

KEP and secure electronic signature perform different functions:

• The secure electronic signature authenticates the signatory and document;
• KEP provides stronger evidence concerning dispatch, receipt, and communication records.

Using both can significantly strengthen a company’s evidentiary position.

Can Contracts Be Terminated Electronically?

Whether a commercial contract may be terminated electronically depends on:

• The governing law;
• Statutory form requirements;
• The termination clause;
• The method agreed by the parties;
• Whether notice must be sent through a specific channel;
• Whether receipt must be proved.

Where the contract requires termination by written notice, a secure electronically signed notice sent through KEP may provide strong evidence.

An ordinary email may also be effective in some circumstances, particularly where the agreement permits email notices and receipt can be proved. However, important termination notices should not rely solely on informal email unless the contractual and statutory requirements have been reviewed.

Electronic Signatures in Corporate Decision-Making

Electronic signatures may be used in various corporate processes, but company-law rules must be assessed separately.

The validity of electronically executed:

• Board resolutions;
• Shareholder decisions;
• General assembly documents;
• Internal approvals;
• Powers of attorney;
• Trade registry applications;
• Share transfers

depends on the relevant company type, articles of association, applicable commercial legislation, registry practice, and any notarization or registration requirement.

A commercial contract may be validly signed electronically even where the internal corporate resolution authorizing it requires a different form. Companies should therefore review both the external contract and the internal authorization process.

Electronic Signatures in Employment and Consumer Contracts

Although this guide focuses on commercial contracts, businesses should be cautious when using electronic signatures in employment and consumer relationships.

Mandatory information duties, employee protections, distance-contract rules, withdrawal rights, and special formal requirements may apply.

A company should not assume that a general electronic acceptance automatically satisfies every statutory obligation. The signing process should preserve:

• The complete contract;
• Preliminary information;
• General terms;
• Privacy notices;
• Consent records where necessary;
• Delivery and access evidence;
• Date and time information.

Personal Data Protection and Electronic Signing Platforms

Electronic-signature systems process personal data such as:

• Names;
• Identity information;
• Email addresses;
• Telephone numbers;
• IP addresses;
• Device data;
• Authentication records;
• Signature certificates;
• Biometric or behavioral data in some systems.

Companies using signing platforms must consider Turkish Personal Data Protection Law No. 6698.

Relevant issues include:

• Lawful basis for processing;
• Transparency notices;
• Data minimization;
• Retention periods;
• Information security;
• Processor agreements;
• Access controls;
• International data transfers;
• Data breach procedures.

Where the platform stores data outside Turkey, cross-border transfer compliance must be evaluated separately. A contractual statement accepting electronic signatures does not replace data protection obligations.

Practical Risks in Electronically Signed Contracts

Common disputes arise from:

• Expired certificates;
• Revoked certificates;
• Unauthorized use of signature devices;
• Signatures applied after authority expired;
• Incorrect contract versions;
• Missing annexes;
• Joint-signature requirements being ignored;
• Inability to validate foreign certificates;
• Altered PDFs;
• Unclear time zones;
• Weak identity verification;
• Inadequate audit logs;
• Failure to preserve original electronic files.

Printing an electronically signed PDF and retaining only the paper copy may eliminate valuable verification data. The original electronic document, certificate information, validation report, and audit trail should be preserved.

Best Practices for Foreign Businesses

Foreign companies entering commercial contracts in Turkey should:

• Determine whether the contract is subject to mandatory form;
• Distinguish secure electronic signatures from simple platform signatures;
• Verify the signatory’s corporate authority;
• Check certificate validity at the time of signing;
• Confirm whether joint representation is required;
• Preserve the original electronic file;
• Retain time stamps and validation reports;
• Define acceptable signing methods in the contract;
• Identify the legally controlling contract version;
• Regulate electronic notices;
• Use KEP for significant formal communications where appropriate;
• Assess personal data transfers;
• Avoid electronic execution of suretyships without specific legal review;
• Obtain local advice for transactions involving notarization, registration, guarantees, or official form.

Recommended Electronic-Signature Clause

A commercial agreement may include a clause confirming that:

• The agreement may be executed in counterparts;
• Secure electronic signatures are accepted;
• Approved electronic signing platforms may be used;
• Electronic copies constitute evidence between the parties;
• Each signatory confirms their authority;
• The parties will preserve complete electronic records;
• The agreed notice channels are specified;
• Mandatory statutory formalities remain unaffected.

Such a clause improves certainty but cannot validate a transaction that fails to comply with mandatory legal form.

2026 Legal Position

As of 2026, the central legal principle remains clear: a secure electronic signature satisfying Law No. 5070 generally has the same legal consequences as a handwritten signature. The Turkish Code of Obligations also recognizes this equivalence, while civil procedure rules grant strong evidentiary status to properly signed electronic data.

The practical challenge is not whether electronic signatures exist in Turkish law, but whether the selected method is appropriate for the particular transaction.

Businesses must distinguish between:

• A form-free electronic contract;
• A contract requiring ordinary written form;
• A document requiring a secure electronic signature;
• A transaction requiring notarization or official form;
• A legal act requiring handwritten declarations;
• A transaction governed by a specialized electronic system.

Conclusion

Electronic signatures are legally recognized and widely usable in Turkish commercial contracts. A secure electronic signature based on a qualified electronic certificate generally produces the same legal effects as a handwritten signature and provides strong evidentiary protection.

However, not every online approval or platform signature qualifies as a secure electronic signature. Simple electronic signatures may prove consent in form-free transactions, but they may not satisfy statutory written-form requirements.

Foreign companies should also verify corporate authority, certificate validity, document integrity, data protection compliance, and the existence of special form requirements before relying exclusively on electronic execution.

A properly designed signing process can accelerate transactions, reduce administrative costs, and improve document security. An unsuitable signing method can instead create disputes about contractual validity, authority, evidence, and enforcement.

Frequently Asked Questions

1. Are electronic signatures legally valid in Turkey?

Yes. Secure electronic signatures complying with Electronic Signature Law No. 5070 generally have the same legal effect as handwritten signatures.

2. Is a scanned signature legally valid?

A scanned signature may have evidentiary value but is not automatically equivalent to a secure electronic signature. It may be sufficient for some form-free contracts but not for transactions subject to mandatory written form.

3. Can all commercial contracts be signed electronically?

No. Transactions requiring official form, a special legal ceremony, handwritten declarations, or particular guarantee formalities may require another execution method.

4. Is an electronic signature accepted as evidence in Turkish courts?

Yes. Data properly created with a secure electronic signature is treated as a written instrument under Turkish procedural law.

5. Is a DocuSign-style signature automatically a secure electronic signature?

No. Its status depends on the certificate and technical method used. A standard platform signature may prove consent without necessarily qualifying as a Turkish secure electronic signature.

6. Can a foreign electronic signature be used in Turkey?

Potentially yes, but its legal effect depends on recognition rules, certificate compatibility, governing law, mandatory form requirements, and the specific transaction.

7. Can a suretyship agreement be signed electronically?

Particular caution is required because Turkish suretyship law requires certain information to be handwritten by the surety. An ordinary electronic signing process may not satisfy these requirements.

8. Does an electronic signature prove corporate authority?

No. It proves the signatory’s identity and document integrity but does not establish that the person had authority to bind the company.

9. What is the difference between e-signature and KEP?

An electronic signature authenticates the signatory and document. KEP provides regulated evidence regarding the sending and receipt of electronic communications.

10. Should the original electronic document be preserved?

Yes. Businesses should retain the original file, certificate data, validation results, time stamps, audit logs, and related communications rather than relying only on a printed copy.

Legal Support for Electronic Commercial Contracts in Turkey

An electronic contract may appear straightforward, yet disputes frequently arise over the type of signature used, corporate representation, mandatory formalities, foreign certificates, document integrity, and proof of delivery.

Fırat Fesih Kaya Law Office provides legal assistance to foreign companies, investors, technology businesses, manufacturers, distributors, financial institutions, and international contractors concerning electronic signatures, digital contracting procedures, corporate authority, KEP notices, contract validity, data protection, and cross-border commercial disputes in Turkey.

A transaction-specific legal review can help ensure that your electronic signing process produces an enforceable contract and preserves the evidence required if a dispute arises.

Phone: +90 312 434 22 22
Mobile: +90 532 769 22 22
Email: info@firatfesihkaya.av.tr
Address: Mevlana Boulevard No: 221, Yıldırım Tower, Office No: 148, 06520 Balgat, Çankaya, Ankara, Turkey

Disclaimer: This article provides general legal information and does not constitute legal advice. The validity of an electronic signature depends on the transaction, signature technology, formal requirements, corporate authority, governing law, and specific circumstances.