Legal Validity of Electronic Signature

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What is an Electronic Signature (e-Signature)?

With the rapid increase in digitalization today, traditional processes have begun to be transferred to electronic platforms. One of the most important tools in this transformation is the electronic signature, or simply e-signature. An electronic signature is a technology that enables documents to be signed, verified, and shared securely in a digital environment. It ensures the authenticity of the signer’s identity while also confirming the integrity and unaltered state of the document. This makes digitally signed documents as valid and secure as those signed with a handwritten signature. Electronic signatures offer great convenience and advantages not only for individual users but also for public institutions and the private sector. They speed up business processes, reduce costs, and contribute to the environment by decreasing paper consumption.

What Documents Can Be Signed with an Electronic Signature?

Electronic signatures can be safely used in many different sectors and document types. They are particularly preferred in the following areas:

• Employment contracts

• Electronic tender applications

• Patent and trademark applications

• Financial contracts and loan applications

• Tax declarations and official government documents

• e-Government transactions

• Judicial systems (UYAP)

• e-Prescriptions and healthcare documents

However, in areas such as notary transactions, certain special circumstances, and land registry processes, a handwritten signature is still required. Therefore, the use of e-signatures should be evaluated within the framework of legal regulations.

How to Obtain an Electronic Signature?

An electronic signature (e-signature) is a legally valid method that enables individuals to securely verify their identity in digital environments. In Turkey, to obtain an e-signature, one must apply to Electronic Certificate Service Providers (ECSPs) authorized by the Information and Communication Technologies Authority (ICTA). An e-signature can only be created using a Qualified Electronic Certificate (QEC). The QEC is a digital certificate linked to the user’s identity information and ensures the security of the e-signature.

Electronic Signature Application Process

The steps to obtain an electronic signature are as follows:

Selecting an Authorized ECSP: First, the list of current and authorized ECSPs should be checked on ICTA’s official website.

Preparing Application Documents: For individual applications, typically only an ID card or the new identity card is sufficient. For corporate applications, a letter of authorization, signature circular, and company documents may also be required.

Identity Verification and Application: Applications can be made in person or through alternative methods such as mobile teams or notary-approved submissions offered by some ECSPs. Identity information is verified during the application, and a QEC request form is filled out.

Issuance and Delivery of QEC: After the application is approved, a personal Qualified Electronic Certificate is prepared.

Installation and Use: After receiving the QEC, the e-signature is installed on a computer using the installation software provided by the service provider. It can then be actively used in correspondence with public institutions, e-Government applications, or private sector operations.

Where is the Electronic Signature Used?

Electronic signatures have a wide range of uses in both the public and private sectors:

• Internal correspondence and documents

• Email security and approval

• Communication with public institutions (e-Government, SSI, Revenue Administration, etc.)

• e-Invoice and e-archive operations

• Digitally signing contracts

• Electronic tenders and applications requiring e-signatures

• Legal documents (lawsuit petitions, enforcement documents)

• Healthcare systems (e-prescription, patient admission forms)

Thanks to these areas of use, transactions are carried out more quickly and securely.

Advantages of Electronic Signatures

The benefits of electronic signatures enable individuals and businesses to operate more efficiently in the digital transformation process:

Saves time: No need to physically sign and send documents.

Reduces costs: Eliminates expenses such as paper, printers, and shipping.

Enhances security: Prevents forgery through cryptographic algorithms.

Legally valid: Can be used in official procedures under the Electronic Signature Law No. 5070.

Environmentally friendly: Reduces paper consumption and supports sustainability.

Enables remote transactions: Plays a critical role, especially in remote work scenarios.

Characteristics of Electronic Signatures

There are several technical and legal features that distinguish electronic signatures from traditional handwritten signatures and other digital verification methods. These features determine the security, validity, and application areas of the e-signature:

Identity Verification: The electronic signature operates using a pair of keys (public key and private key). The signature can only be created using the private key, which is exclusively held by the signer. This ensures the identity of the signer can be definitively verified.

Ensures Data Integrity: If a digitally signed document is altered after signing, this is immediately detected by the system. The e-signature creates a hash specific to the content of the document, which changes with even the slightest modification. Thus, the integrity and immutability of the document from the time it was signed is guaranteed.

Single User: Each electronic signature is generated specifically for one individual and can only be used by that person. It cannot be copied or used by others because the private key is protected and accessible only by the owner, usually via password or biometric verification.

Traceability and Record Keeping: Electronic signature systems log when and by whom a signature was made. These logs can serve as evidence if needed and enhance transparency and accountability. Time stamps can be used to securely mark the exact signing time.

Documents Required for e-Signature Application

When applying for an electronic signature, the following documents must be submitted:

• A valid identification document (ID card, driver’s license, or passport)

• Signature circular for companies

• QEC undertaking (includes responsibilities regarding e-signature use)

• Application form provided by the service provider

How to Activate an e-Signature?

To use your electronic signature, you need to complete certain technical setup steps:

Hardware Connection: Connect the smart card reader or USB token device that came with your e-signature to your computer. These devices are physical tools that securely store and use your digital certificate.

Installing Necessary Drivers: For the hardware to be recognized by your computer, drivers specific to the card reader or USB token must be installed. These drivers are usually available on your service provider’s website.

Installing Java Application: Java Runtime Environment (JRE) must be installed on your computer for the electronic signature to function properly.

Activation with Setup Tools: Use the installation wizard or tools provided by your service provider to complete the activation process. These tools typically handle system registration, testing, and browser integration of the certificate.

Differences by Operating System: The installation process may vary depending on the operating system used.

Conclusion

The electronic signature has become an indispensable tool that offers great convenience and security for both individuals and institutions in today’s digital world. Thanks to its legal validity, wide range of applications, and time-cost advantages, many transactions can now be conducted quickly and securely in a digital environment. When applied for correctly and set up with the necessary technical components, signing documents with an electronic signature becomes much more efficient than traditional methods. However, it is also crucial to use e-signatures within the legal framework and to understand the areas in which they are valid. This technology, which is expected to become even more widespread in the future, will continue to be a cornerstone of digital transformation processes.