Regulation Regarding the Procedures and Principles of Electronic Seal
The Regulation on Procedures and Principles Regarding Electronic Seals Has Been Published
The Regulation on Procedures and Principles Regarding Electronic Seals (“Regulation”) has been published in the Offical Gazette dated September 14, 2022 and numbered 31952 and entered into force on September 14, 2022. The legal and technical aspects of the electronic seal and the procedures and principles regarding the implementation of electronic seals have been determined with the Regulation. The Regulation stipulates the legal nature of the electronic seal, the application procedure for a qualified electronic seal certificate, the renewal and cancellation process of the application and the obligations of the electronic seal owner.
What is Electronic Seal?
Electronic seal is defined as “Electronic data that is added to another electronic data or has a logical connection with electronic data and is used to verify the information of the electronic seal owner”. The secure electronic seal has the same legal nature as any physical seal, including an official seal.
Who is the Electronic Seal Owner?
The electronic seal owner is defined as “The owners of the electronic seal may be public institutions and organizations, public administrations, public professional organizations and higher organizations, public and private legal persons, judicial authorities and notaries public.” Institutions, organizations and legal persons specified under the Regulation will be able to legally prove their identities in electronic environment and guarantee that the content of electronic data has not changed with e-seal.
How to Obtain an Electronic Seal Certificate?
It is obliged to apply to the electronic certificate service provider (ESHS) in order to obtain a qualified electronic seal certificate. The Regulation determines the required information and documents which should be included in the application and the steps to follow after the application.
The electronic seal certificate can be renewed by ESHS at the request of the seal owner before its expiration date. ESHS can renew the electronic seal certificate by verifying the validity of the information regarding the seal owner and the information on the seal certificate. Cancellations can also be made by ESHS, electronic seal owner or any other person determined by agreement or undertaking.
The regulation also stipulates the obligations of ESHS. ESHSs are obliged to keep expired electronic seal certificates, all information, document and electronic data requested during the application of qualified electronic seal certificate, transactions related to qualified electronic seal certificates, records regarding the date of these transactions, persons performing these transactions for at least 20 years and to ensure the necessary security, confidentiality, integrity and accessibility of these data.