Are electronic signatures legal in Turkey? Law 5070, güvenli e-imza and mobil imza

Turkey was an early adopter of e-signature law: the Electronic Signature Law (Elektronik İmza Kanunu) dates from 2004, and millions of people use e-imza or mobil imza for tax filings, court filings through UYAP and company registry work. At the same time, a foreign company sending a Turkish counterparty a contract through an ordinary e-signature platform often gets a surprising answer: "that is not a real signature here." Both are correct, and the difference between them is the whole story of Turkish e-signature law.

The short answer

• Electronic Signature Law No. 5070, adopted on 15 January 2004, gives the secure electronic signature (güvenli elektronik imza) the same legal effect as a handwritten signature.
• A secure e-signature must be made with a secure signature device and based on a qualified electronic certificate (nitelikli elektronik sertifika) from an electronic certificate service provider (ESHS) operating under the Information and Communication Technologies Authority (BTK).
• It cannot be used for legal transactions that the law subjects to official form or a special ceremony, or for guarantee agreements, except bank letters of guarantee and surety bonds issued by insurers established in Turkey.
• Simple electronic signatures (typed names, drawn signatures, platform clicks) can form a valid contract where the law requires no particular form, but they do not meet written-form requirements and do not have the evidential force of a signed deed (senet).

The law: Electronic Signature Law No. 5070

The law defines an electronic signature broadly: electronic data attached to or logically linked with other electronic data and used for authentication. It then defines the stronger tier.

What makes a signature "secure" (Article 4)

A secure electronic signature is one that:

• is linked exclusively to the signer;
• is created with a secure signature creation device under the signer's sole control;
• identifies the signer on the basis of a qualified electronic certificate; and
• makes it possible to detect any later change to the signed data.

Legal effect and exceptions (Article 5)

Article 5 says a secure electronic signature produces the same legal result as a handwritten signature. Its second paragraph excludes:

• legal transactions that the law subjects to official form (resmi şekil) or a special ceremony; and
• guarantee agreements (teminat sözleşmeleri), with two carve-outs added later: bank letters of guarantee (added in 2016 by Law No. 6728) and surety bonds issued by insurance companies established in Turkey (added in 2021 by Law No. 7349).

The general written-form rule in the Turkish Code of Obligations (Law No. 6098) points the same way: a written-form contract must bear the signatures of those bound by it, and the Code states that a secure electronic signature has all the legal effects of a handwritten signature.

Who provides qualified certificates

Electronic certificate service providers (ESHS) are public bodies or private companies that notify the BTK and meet its requirements; they may start operating two months after notifying the BTK, and the BTK supervises them and can suspend or end their activity. Well-known providers include the public-sector Kamu SM (run by TÜBİTAK) and several private providers. The BTK publishes the list of authorised providers. The provider must verify the identity of anyone receiving a qualified certificate against official documents, which the law now also allows remotely using the Turkish ID card.

Mobil imza

A mobile signature (mobil imza) is a secure electronic signature whose key sits on a special SIM card, offered by mobile operators working with an ESHS. Legally it is the same tier as a card-and-reader e-imza.

E-signatures as evidence in court

The Code of Civil Procedure (HMK, Law No. 6100) matters as much as Law 5070:

• Article 199 defines "document" (belge) to include electronic media, so any electronic record can be put before the court.
• Article 205 gives electronic data signed with a secure electronic signature the same status as a signed deed (senet).
• Article 200 requires legal transactions above a threshold amount (updated each year) to be proved by a senet. A contract with simple e-signatures is a document but not a senet, so for larger amounts it may not by itself prove the transaction if the other side denies it.
• Article 193 lets parties agree in an evidence agreement (delil sözleşmesi) which evidence they will accept. A clause accepting the platform's records and audit trail as evidence strengthens a simple e-signature contract.

Documents you cannot sign electronically (or need a special signature)

The notary system is a parallel point. Transactions that must be done before a notary follow the Notaries Law (No. 1512), and a notary's work cannot be replaced by a private e-signature. Some notarial and registry steps have been digitised, but that happens inside the official systems.

Common situations

Employment contracts

Under the Labour Law (No. 4857), fixed-term or indefinite employment contracts lasting one year or more must be in writing. A contract signed with a secure e-signature satisfies that requirement. A contract signed only with a simple e-signature is still an employment relationship, but it does not satisfy the written-form rule and can be weaker as evidence, so Turkish employers generally use e-imza or mobil imza, or ink.

Commercial notices and KEP

Under the Turkish Commercial Code (No. 6102), notices between merchants that are meant to put a party in default or terminate a contract must be sent through a notary, by registered letter, by telegram, or by registered electronic mail (KEP) using a secure electronic signature. Turkish courts have debated whether this form is a condition of validity or only a rule of proof, but either way an ordinary email is a weak way to prove such a notice. KEP accounts are provided by KEP service providers authorised by the BTK.

Company matters

Board resolutions of joint-stock and limited companies can be taken and signed electronically in line with the Commercial Code and the electronic general assembly and board rules. Filings with the trade registry use the MERSİS system and often require secure e-signatures. In practice, company officers in Turkey usually hold an e-imza or mobil imza for exactly this reason.

Government services

e-Devlet is the government portal. You can log in with a password, an e-imza or a mobil imza, and many services use your e-signature for applications. Court filings through UYAP by lawyers are signed with secure electronic signatures.

Contracts with foreign companies

Foreign platforms produce simple electronic signatures under Turkish law. They are fine for contracts with no form requirement, especially with an evidence clause. For anything that needs written form, or where amounts are large, ask the Turkish party to sign with e-imza or mobil imza, or use ink.

How to get a secure electronic signature in Turkey

Apply to an ESHS listed by the BTK. You prove your identity, and the provider issues a qualified certificate on a smart card or USB token (e-imza) or through your mobile operator (mobil imza). Foreign nationals can generally obtain one if they hold a Turkish identity or foreigner identification number; check the provider's requirements.

Be clear about one technical point: a secure electronic signature by definition uses a secure signature device from which the key cannot be extracted. That is exactly why it cannot be used on a website that asks you to upload a certificate file, including KovaPDF. Sign with the provider's own software or your operator's mobile signature service instead.

How to sign with KovaPDF

• Your own certificate file: Digital Signature signs a PDF with a .pfx or .p12 certificate and adds a PAdES signature, trusted timestamp and long-term validation data. A certificate in a .pfx file is not a qualified certificate on a secure device, so the result is not a güvenli elektronik imza under Law 5070. It is useful for internal approvals and for proving that a file has not been changed.
• Contracts with no form requirement: Request Signatures collects simple electronic signatures from several people with a certificate of completion (names, emails, times, IP, browser) and a trusted timestamp seal. Add an evidence clause to the contract.
• Quick personal forms: Sign PDF places your signature image on the page.
• Checking an e-imza signed PDF: Verify PDF Signature shows who signed, whether the document is intact and the certificate chain.

For the difference between these tiers, see digital vs electronic signature and how to get a digital signature certificate.