THE EFFECT OF SIGNING AN ELECTRONIC SCREEN WITH REGARDS TO THE SIGNATURE REQUIREMENT OF THE WRITTEN FORM

Abstract

The legal world, until recently, has witnessed the establishment of written contracts with a signature on paper. However, due to recent technological developments many documents are now being arranged electronically. With regards to this development, it has been a matter of doubt whether the written form required contracts can be concluded in electronic environment. A number of laws such as the Electronic Signature Act in Turkey have been enacted in order to overcome this hesitation. However, the signature method regulated under this Act only relates to a certain cryptographic method. Apart from this specific method, other methods of digital signatures are not included in the content of the Act which creates uncertainty over validity and the effect of alternative means of digital signatures. The signature on the electronic screen carries all the features of a typical handwritten signature; it can uniquely reflect the character and identity of the signer and no external element is needed for authentication. It can also be observed that these types of signatures can be stored and there are various measures possible to maintain secure transactions. In the face of these facts, the invalidity of a signature by hand to a computer screen should not be argued for the mere reason that it is digital. This interpretation would be in harmony with contemporary/current technological developments and should be accepted to apply without the need for any additional legal arrangements.