Today, the electronic signature has become one of the most important tools in legal and commercial dealings, as most transactions have shifted to the digital form. The traditional handwritten signature is no longer the sole means of proving legal intent. Rather, the electronic signature now enjoys the same legal validity, provided that it fulfills its technical and legal requirements. However, this strong legal value has made it a direct target for manipulation, hacking, and forgery, which calls for real legal awareness on the part of both individuals and companies.
In essence, the electronic signature is not merely a digital image of a person’s signature, but an integrated technical system that aims to achieve three fundamental objectives. First, it definitively identifies the signer. Second, it proves the signer’s consent to the content of the document. Third, it ensures that the document has not been altered after being signed. Once these elements are fulfilled, the electronic signature acquires its legal force and becomes equivalent to the traditional handwritten signature.
Under Turkish law, the electronic signature is regulated by the Electronic Signature Law, which expressly provides that a secure electronic signature has the same legal effect as a handwritten signature. This means that any contract, obligation, or document signed electronically in compliance with the required conditions is legally binding and may be relied upon before the courts without any distinction from paper-based documents.
Under Egyptian law, the electronic signature is regulated by the Law on the Regulation of Electronic Signatures, which affirms that electronic documents and electronic signatures enjoy full evidentiary value, provided that they meet the technical conditions that ensure their integrity, authenticity, attribution to their owner, and protection from tampering.
Accordingly, it is clear that the electronic signature in both Turkey and Egypt has full legal value. It is not a secondary or formalistic means, but rather an original method of proof that is legislatively recognized.
However, this legal validity is not absolute. It is conditional upon the authenticity and security of the signature. If the signature is affected by any tampering, forgery, or unauthorized use, it loses its legal character and turns from a means of proof into an instrument of crime.
An electronic signature is considered forged in several cases, most notably:
If it is used without the knowledge or consent of its real owner.
If the signature data is obtained through hacking or fraud.
If the document is altered after it has been signed.
If the digital identity of the signer is impersonated.
If a false or forged electronic certificate is issued.
If the signature is used by a person who does not have legal authority.
In such cases, we are not dealing with a simple technical error, but with a full-fledged crime of forgery whenever criminal intent and the purpose of causing harm or achieving unlawful benefit are established.
Turkish law punishes manipulation of electronic signatures through several provisions of the Penal Code that criminalize the forgery of official documents, unlawful access to information systems, and tampering with electronic data. The electronic signature is deemed equivalent to an official document when it is used in legally recognized transactions.
Likewise, Egyptian law criminalizes the forgery of electronic documents, tampering with digital data, unlawful access to information systems, identity theft, and the use of technological means to seize or falsify others’ data.
Therefore, manipulation of an electronic signature is not merely a civil violation, but may rise to the level of a serious criminal offense punishable by imprisonment and fines, in addition to civil liability for compensation.
As for proving a breach of an electronic signature, this is a matter that combines law and technology, and mere allegations are insufficient. Proof must be based on digital and technical evidence demonstrating that the signature was not issued by the true will of its owner.
Among the most important means of proof are:
Submitting forensic technical reports on devices and systems.
Analyzing system access logs that show the time and place of signing.
Proving that the signer was not present at the geographical location where the signature was made.
Proving that the device or email account was compromised.
Submitting data from the authority that issued the electronic signature certificate.
Proving loss of control over the signature tool prior to the incident.
Proving prompt reporting of the breach immediately upon its discovery.
Taken together, these elements form the judge’s conviction that the signature resulted from hacking or forgery rather than from the true will of its owner.
It is necessary here to emphasize a very important point:
Not every case of manipulation of an electronic signature makes its owner criminally liable. The owner may himself be the victim of a cybercrime if he proves that he did not commit gross negligence in protecting his data, that he did not benefit from the forged signature, and that he promptly reported the incident upon discovering it.
In such a case, his status shifts from a potential defendant to a victim fully entitled to legal protection.
A distinction must also be made between a simple technical error and criminal forgery. A technical error occurs without criminal intent and arises from a system malfunction, a technical defect, or unintended misuse, and it usually leads to civil liability. Criminal forgery, on the other hand, is based on deliberate intent and criminal purpose, and entails full criminal responsibility.
This highlights the danger of the electronic signature. It is an instrument of immense legal power, but misuse or negligence in protecting it may lead to serious legal consequences.
Therefore, we advise every client to:
Protect the login credentials of their electronic signature and never share them.
Secure the devices used for signing.
Use approved digital security measures.
Regularly monitor usage records.
Immediately report any suspected breach.
As a specialized law firm, we provide in this field:
Legal and technical examination of the validity of electronic signatures.
Preparation of legal challenges in cases of electronic forgery.
Legal representation in cybercrime cases.
Coordination with digital forensic experts.
Preventive legal consultations for companies and institutions.
Review of electronic signature systems from a legal perspective.
In conclusion, the electronic signature has become the cornerstone of modern transactions and enjoys full legal validity under both Turkish and Egyptian law. At the same time, it is a fertile ground for digital crimes. Dealing with it requires a high level of legal and technical awareness, and no incident related to it should ever be underestimated, as its effects may extend to the invalidation of contracts, loss of rights, and the establishment of serious criminal liability.
Therefore, seeking the assistance of a lawyer specialized in cybercrimes whenever there is suspicion of manipulation of an electronic signature is no longer an option, but a real legal necessity to protect rights and legal positions.