· Gökçen Özkan
Simple vs Qualified E-Signature for Maritime Documents: Which Level for Which Document?
Short answer. Under Turkish law, only a secure (qualified) electronic signature has the same legal effect as a handwritten signature (Law 5070 Art. 5(1)), and data signed with it has the force of a deed (Code of Civil Procedure Art. 205(2)). Simple and advanced e-signatures are only discretionary evidence in court. In shipping, any document that could end up in a dispute, a P&I claim or a casualty investigation should be signed with a QES. Two exceptions: for a bill of lading a QES is not enough, because the problem is transfer, not signature; and ship mortgages and security agreements cannot be made by e-signature at all (Law 5070 Art. 5(2)).
Three tiers, one difference
Simple e-signature: a typed name, a tick box, a scanned signature. Nothing cryptographically proves who signed.
Advanced e-signature: linked to the signer and reveals later changes, but the certificate is not qualified.
Qualified e-signature (QES) / secure e-signature: based on a qualified certificate from a BTK-authorised certificate service provider and a secure signature-creation device — card, USB token or mobile signature. Legally equal to a handwritten signature; the EU sets the same equivalence in eIDAS Art. 25(2).
The practical difference is the burden of proof: whoever disputes a QES must prove it invalid. With a simple e-signature, you must prove it is yours.
Which level for which document
Charter parties and addenda: Qualified e-signature (QES) recommended. In a demurrage or freight dispute, a document signed with a secure e-signature has the force of a deed under Turkish procedure law (Code of Civil Procedure Art. 205(2)); a simple e-signature is only discretionary evidence.
Crew and employment agreements: QES recommended. Where written form is required, a secure e-signature has the same effect as a handwritten one (Law 5070 Art. 5(1)). In a P&I claim, who signed is the first question.
Supply, repair and shipyard contracts: QES, or at least an advanced e-signature. Move to QES as value and dispute risk rise.
Technical management approvals, audit and casualty reports: QES plus a qualified timestamp. In an investigation the issue is who signed, when, and whether the document changed afterwards.
Bill of lading: QES is necessary but not sufficient. Turkish Commercial Code Art. 1526(2) allows a bill of lading to be signed electronically; but transfer and possession (the document-of-title function) need an MLETR-aligned regime or a platform eBL governed by English law.
Bunker delivery note (BDN): QES and timestamp; depends on flag and port acceptance. See our e-BDN analysis.
Ship mortgages, security agreements, acts requiring official form: Cannot be done by e-signature. Legal transactions subject to official form or special formality, and security agreements, cannot be concluded with a secure e-signature (Law 5070 Art. 5(2)).
Routine correspondence, internal checklists, safety management system (SMS) records: Simple or advanced e-signature is enough. Evidentiary weight in an audit is limited; add a timestamp to critical records.
A common mistake
"We signed it electronically, so now we have an electronic bill of lading." A signature proves who issued a document and that it has not changed. It does not prove that the document is unique or who controls it — and that is exactly where a bill of lading's value lies. Detail: MLETR, ETDA and the NCD Convention and eBL platforms: a legal guide.
Related: Why any e-signature is not enough at sea, e-BDN, eIDAS and Law 5070, remote identity verification.
Primary sources
General information, not legal advice. Write to us for a document-specific assessment.