212 NEWSLETTER 2021 Electronic Signature Under Turkish and German Laws* Yağmur Zeytinkaya The electronic signature, which has the same legal consequences as wet signatures if it meets certain conditions, has taken its place in many legal systems and has enhanced commercial life. Although there are various types and applications in different legal systems, there are certain common provisions regarding the validity of an electronic signature. In this newsletter, provisions of electronic signatures in Turkish and German law are discussed. Definition of Electronic Signature under Turkish Law Pursuant to Article 3/b of Electronic Signature Law No. 5070 (“ESL”), an electronic signature is defined as “electronic data that is attached to another piece of electronic data or that has a logical connection with another piece of electronic data and is used for authentication purposes.” A secured electronic signature is defined under Article 4 of ESL as follows: a) It is solely dependent on the signatory, b) It is created with a secure electronic signature creation tool, which is only at the disposal of the signatory, c) It ensures the identification of the signatory based on a qualified electronic certificate, d) It enables determination of whether any changes have been made in the signed electronic data afterwards. It is understood that the legislature classified electronic signatures as simple and secure electronic signatures and requires special conditions for secure electronic signatures. Pursuant to Article 14/2 of Turkish Code of Obligations No. 6098 (“TCO”), unless otherwise stipu- * Article of December, 2021
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