According to the Turkish Commercial Code (TCC) no. 6102, digital companies must possess the following:
These items are detailed below:
1. Registered Electronic Mail (in Turkish: KEP)
The registered electronic mail system is a telecommunications infrastructure whereby electronic mail communication is handled via registered electronic mail service providers (in Turkish: KEPHS) using a special system.
KEP provides legal assurance that a message has been received by its recipient, just like a registered post. Therefore, it can be used for various purposes such as execution of official agreements, as well as for legal notices.
Article 1524 under the margin heading “Website” in the “Electronic Processes and Information Society Services” of the Turkish Commercial Code covers two main considerations for digital companies:
3. Secure Electronic Signature and Timestamp
Secure electronic signature can now be used not only by individuals, but also by corporations. Timestamp, on the other hand, provides legal proof about the timing of the signing.
4. Electronic General Meetings
It will become compulsory for listed joint stock companies to provide the necessary means to allow participating, commenting voting electronically in general meetings.
5. Electronic Trade Registry (MERSİS)
Similar to MERNİS, a system that keeps record of all Turkish citizens (Republic of Turkey Identification Number), a legal record will be kept of all Turkish legal entities (companies, etc.) by the so-called MERSİS system.
6. Electronic Keeping of Commercial Books
Article 64/2 of the Turkish Commercial Code stipulates that traders are obliged to keep a copy of all incoming documents in relation to their enterprises in the form of a photocopy, carbon copy, microfiche, soft copy or in similar format.
7. Electronic Invoice
Article 1525/2 of the Turkish Commercial Code sets out that an invoice, the procedures and principles for which are described under Article 21, may be electronically issued using electronic signature, and sent to the recipient using the registered email system, provided that the related parties have expressly agreed to do so.
In addition, a digital company is required to archive all electronic data created for those websites, or sections thereunder, as specified by the laws and/or by the company policy.