E-signatures: Breaking down the basics
Electronic signatures are digital versions of your signature that indicate your agreement to the contents of an online contract. They provide a hassle-free way to sign documents remotely, eliminating the need for physical paperwork and enabling faster and more streamlined transactions.
They are legally binding for a variety of purposes and can either be typed, drawn on the screen of an electronic device, or uploaded from your desktop. This modern alternative to wet signatures has been adopted across the world, as it empowers individuals and businesses to sign documents online in a legal, secure, and efficient way.
How e-signatures are transforming businesses in Turkey
With Turkey's digital transformation well underway, e-signatures have become an essential tool for businesses looking to streamline their operations and engage in secure digital transactions. The government has pushed toward digitalisation, through initiatives like the e-Government platform, and e-signatures play a crucial role in simplifying contract signing, regulatory compliance, and document management. This shift towards digital solutions is helping Turkish businesses connect seamlessly with global partners, ensuring smoother cross-border transactions while maintaining legal validity and compliance with local regulations.
Zoho Sign, a digital signature solution, offers streamlined efficiency and ticks all the critical boxes, such as:
- Speedier signing processes
- Improved productivity
- Signer authentication
- Security
- Remote access
- Improved user experience
- Cost-effectiveness
How industries in Turkey are adopting e-signatures
Explore the growing use of e-signatures across key sectors in Turkey:
- Banking and Finance
- Legal Services
- Retail and ecommerce
- Education
- Healthcare and Pharmaceuticals
- Government services
- HR
- Technology and IT
- Transportation and Logistics
Electronic Signature Law No. 5070
The Electronic Signature Law No. 5070 of 2004 (ESL) establishes the foundational legal framework for electronic signatures in Turkey. It defines the principles governing the use of electronic signatures, regulates the operations of electronic certificate service providers, and specifies key requirements for their legal validity.
Types of Electronic Signatures Recognised by Turkish Law
Electronic Signature Law No. 5070 recognises two types of Electronic Signatures:
- Simple Electronic Signatures
- Secure Electronic Signatures
Simple Electronic Signature
An Electronic Signature is a digital form of data that is attached to or associated with other electronic data, serving as a means of authentication.
Secure Electronic Signature
A Secure Electronic Signature is a more robust form of e-signature that adheres to the following criteria:
- It is uniquely assigned to the signature owner.
- It is created using a Secure Electronic Signature Creation Device under the sole control of the signature owner.
- It facilitates the identification of the signature owner through a Qualified Electronic Certificate.
- It ensures that any alteration to the signed electronic data after the signature was applied can be detected.
The legal validity of Electronic Signatures
Under Article 5 of ESL and Article 15 of the Turkish Code of Obligations,
- A Secure Electronic Signature carries the same legal weight and validity as a handwritten signature.
- Data generated using a Secure Electronic Signature is treated as a promissory note and serves as conclusive evidence in legal proceedings unless proven otherwise.
Public and commercial uses of E-Signatures
Electronic Signatures are widely utilised across both public and commercial sectors, offering a secure and efficient alternative to traditional signing methods.
Public sector applications
Application processes:
University exams (e.g., ÖSS, LES), passport applications, and other formal procedures
Inter institutional communication:
Communication between agencies like Police Directorates and Population and Citizenship Affairs Directorates
Social security transactions:
Simplifying social security-related processes
Healthcare systems:
Streamlining interactions among healthcare personnel, hospitals, and pharmacies
Tax filing and payments:
Facilitating secure electronic tax submissions
E-voting:
Enabling secure and verifiable electronic voting mechanisms
Commercial sector applications
Online banking:
Secure and seamless banking transactions
Insurance operations:
Digitising policy and claims management
Paperless offices:
Reducing reliance on physical paperwork
Digital contracts:
Creating and signing legally binding e-contracts
Electronic orders:
Streamlining order placement and management
Restrictions on the use of Electronic Signatures
While Electronic Signatures are versatile, certain transactions requiring formal ceremonies or third-party witnesses are excluded:
- Purchases, sales, and property transfers
- Legal procedures related to wills and inheritance
- Transactions that mandate a formal ceremony or witness testimony
- Contracts that must comply with specific official formats
Electronic Certificate
An Electronic Certificate is a digital document that links the signature verification data of the signature owner to their identity information. It must be obtained for a certain fee from electronic certificate service providers operating in accordance with the law. It is a crucial component for verifying the authenticity and accuracy of an electronic signature.
Electronic Certificate Service Providers (ECSP)
Electronic Certificate Service Providers (ECSP) are public institutions, private organisations, or individuals authorised to provide services associated with Qualified Electronic Signatures. These services include issuing Qualified Electronic Certificates, providing time-stamping, and supporting other functions associated with Qualified Electronic Signatures. The Telecommunications Authority, acting as the root certification authority, is responsible for supervising and regulating the operations and activities of ECSPs to ensure compliance with the law.
Recognition of Foreign Digital Certificates
Electronic Certificates issued by an ECSP based in a foreign country are legally recognised under relevant international agreements.
Key conditions for recognition:
If an international agreement exists, foreign electronic certificates are automatically recognised as Qualified Electronic Certificates when accepted by an ECSP in Turkey.
Turkish ECSPs that accept foreign electronic certificates are liable for any damages resulting from their use.
In the absence of an international agreement, the following requirements must be met for a foreign electronic certificate to be recognised in Turkey:
- The foreign certificate must comply with the technical conditions of a Qualified Electronic Certificate.
- The foreign ECSP must be actively operating in its home country.
- Turkish ECSPs must submit the necessary documents related to the foreign certificate to the regulatory authority.
- The regulatory authority must publish information about the foreign ECSP on its official website.
Time-Stamping
Time-Stamping refers to a digitally signed record provided by an Electronic Certificate Service Provider (ECSP) to verify the exact time at which electronic data is created, altered, sent, received, or recorded.
ECSPs are required to provide time-stamping services, which are available to qualified electronic certificate holders upon request.
Types of Electronic Seals
An electronic seal created by its owner serves as conclusive evidence of the origin, creation, and integrity of electronic documents or data. It holds the same legal status as physical seals, including official seals. They are classified into the following types:
Electronic Seal
An Electronic Seal is a digital mark connected to electronic data, either directly or through a logical link, to confirm the seal owner's identity and maintain the data's integrity.
Advanced Electronic Seal
An Advanced Electronic Seal authenticates the owner's digital assets and facilitates the creation of secure electronic signatures. Additionally, it is required to meet the following conditions:
- Uniquely linked to the seal owner
- Identifies the seal owner
- Generated using electronic seal creation data that remains exclusively under the control of the seal owner
- Detects any changes made to the sealed data after its creation
Secure Electronic Seal
A Secure Electronic Seal is one that is created using a secure electronic seal creation tool for verifying the identity of the electronic seal owner and ensuring the integrity of the sealed data.
Zoho Sign: A key asset for Turkish enterprises
Simplify document workflows, enhance productivity, and secure your business with Zoho Sign’s powerful features.
Identification and reliability:
Zoho Sign employs strong authentication techniques, such as OTP authentication and PKI-based digital signatures using digital certificates, to ensure the e-signature identifies the signatory.
Control over the data being signed:
Only the signatory is allowed to review the document before signing and provide choices to make changes or reject the document if necessary.
Detectable alterations:
Zoho Sign ensures any alterations to the electronic signature or the document to which the signature is affixed are detectable through an elaborate audit trail of occurrence of all activities during the signing process. This audit trail comprises critical information, such as the identity of the signatory, the timestamp of the signature, and changes made to the document.
Enhanced security:
Zoho Sign employs robust encryption protocols, such as the military grade AES-256 encryption at rest and the TLS/SSL protocol in transit, to ensure that the data transmission between the signing platform and the data being signed is secure. This prevents exposure of documents and data from data breaches.
Qualified Electronic Time Stamps:
Zoho Sign partners with recognised Qualified Trust Service Provider, Uanataca, to provide Qualified Electronic Time Stamps for electronic transactions. These timestamps validate the authenticity of e-signatures and verify that the signed document existed in the given form at the time of signing and remains unaltered, adding a robust layer of security to the signing process.
Key takeaway
The days of physical signatures and tedious paperwork are behind us. Step into a new era of efficiency with e-signatures, where handling documents becomes faster, smarter, and more secure. Businesses in Turkey can now streamline workflows, reduce operational costs, and enhance document security while staying aligned with modern digital practices. With e-signatures, collaboration transcends borders, enabling seamless global connections and effortless work from anywhere. Check out Zoho Sign and explore how this transformation can elevate your business to new heights.
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Disclaimer
The information provided in this document is for general informational purposes only and shall not be construed as legal, regulatory, or any other form of professional advice. Zoho Sign disclaims any liability for any error in the information provided herein. We recommend that you consult your legal counsel for any questions that you may have in this regard.