Turkish Electronic Signature Law No. 5070: secure e-signature vs web signing

The law's two definitions: broad and narrow

Law 5070 art. 3/b defines 'electronic signature' broadly: 'electronic data attached to or logically associated with other electronic data, used for the purpose of identity authentication.' This definition covers everything from a name typed at the end of an email to a signature drawn on a PDF with a finger.

Art. 4 defines 'secure electronic signature' narrowly. For a signature to qualify as secure, four conditions must be met together: (1) it must be created at the moment of signing, (2) it must be under the sole control of the signer, (3) it must be based on a qualified certificate issued by an Electronic Certificate Service Provider (ESHS) authorized by Turkey's BTK, (4) any subsequent tampering must be detectable.

What legal consequences does a secure e-signature produce?

Law 5070 art. 5 is clear: 'A secure electronic signature produces the same legal consequences as a handwritten signature, except for transactions that the law does not permit to be performed with a secure electronic signature.'

This means a secure e-signature has the status of a 'conclusive deed' under HMK art. 205; signature denial can only be made by proving the writing or signature is forged. In practical disputes, this is the strongest evidentiary level.

Exceptions (Law 5070 art. 5/2): 'Tax declarations of inheritance and succession; marriage, divorce, parentage and other personal-status acts; guaranty contracts; consumer contracts signed by the consumer; and legal acts subject to formal or special procedures cannot be performed with a secure electronic signature.' So a secure e-signature is insufficient for marriage acts or land-registry transfers — and the status of guaranty is debated.

Who are the ESHS providers in Turkey?

ESHSs authorized by Turkey's BTK are limited in number. Active providers include E-Tugra Elektronik Bilgi Güvenliği A.Ş., TÜRKTRUST, and TürkKep's electronic certificate services. To obtain a qualified certificate: identity verification (in person or via video), an e-signature device (USB token or smart card), and an annual subscription. Cost ranges 200–500 TRY per year.

Where do web-based signatures like Akitle fit?

Akitle's web-based signature flow falls into the 'electronic signature' category under Law 5070 art. 3/b — the broad definition. However, because it does not meet the four conditions in art. 4 (particularly the BTK-authorized ESHS qualified-certificate requirement), it is NOT a 'secure electronic signature'.

This does not invalidate the contract. An Akitle-signed contract is valid under TBK art. 1 (there is mutual consent); constitutes a 'document' under HMK art. 199; and 'beginning of written evidence' under art. 202. But it does NOT carry conclusive-deed status under HMK art. 205 — in case of signature denial, the judge exercises discretion based on the audit trail and other evidence.

Which should you choose when?

Practical recommendation: for routine rental contracts, service agreements, NDAs, and other low-to-medium-risk documents, a web-based signature (such as Akitle) is sufficient. The operational gain (minutes to signature) and the verifiability provided by the audit trail outweigh the legal risk.

For high-risk situations, prefer secure e-signature or notarization: (a) eviction undertakings, (b) high-value guaranties, (c) commercial obligations above 100,000 TRY, (d) real-estate sale commitments, (e) trademark or patent transfers. In these cases, Akitle lets you manage the contract's main components digitally while directing you to the notary for the critical supplementary document (e.g., guarantor undertaking).