Elektronik İmzalı Belgelerin Delil Değerinin Korunmasında Mevzuatta Öngörülen Delil Özelliklerinin İncelenmesi

While e-signature technologies can meet the features that e-signed records should have to preserve their evidential value, the doubts about what kind of situation will be encountered in the coming years have not been resolved yet.There are various risks such as technological ageing of e-signature algorithms, security vulnerabilities like the possibility of attacks, the lack of application software and the consequences of technological migration methods are not yet seen enough. These risks raise the questions of what can be done if the e-signature cannot be validated or if there is a doubt during the validation, how can the evidential value of the records are preserved. In case of doubt about e-signature, the certificate is validated, and if a decision cannot be reached, an expert can be consulted. In addition to these, it is considered that other mechanisms can be used to protect the evidential value of e-signed records recorded in electronic records management systems (ERMS). As one of these mechanisms, it is argued that a checklist can be used to assess whether the records are produced according to the evidential characteristics in the legislation will make a positive contribution to the preservation of the evidential value of the records. A qualitative research method is used in the study. The features that e-signed records should have in the legislation have been examined with the aim of generating a checklist to protect the evidential value. It is suggested thatit can be assessed whether the evidential value of e-signed records is preserved through this checklist.