Legality of eSignatures in Mexico
Background
With the quick advancement of technology, there has been a greater need for a modern technique for signatories to approve a document. This necessity has given rise to the invention of electronic signature software.
Users are required to select an eSignature service that adheres to the legal frameworks in Mexico, including the Federal Civil Code, Federal Commerce Code, and the Official Mexican Standard NOM-151-SCFI-2016. These laws acknowledge electronic signatures as bearing the same legal weight as their handwritten counterparts. However, certain documents might still necessitate a traditional signature, and the legal obligations for these can differ across various regions. The stipulated guidelines define criteria that a user must fulfil to establish the legitimacy of an electronic signature. BoldSign is recognized for integrating security measures that guarantee compliance with these regulatory and security protocols.
From an international law angle, electronic signatures are regulated by the Model Law of Electronic Commerce of the United Nations of 1996 (MLEC)[1]. Member states to the United Nations and Economic Blocks have developed their framework in line with MLEC. Specifically, on this page, we will be focusing on Mexico.
What is an eSignature?
Electronic signatures can be defined as the legal concept capturing one’s intention to be bound by the contents of a given document.[2] In Mexico, electronic signatures are legally recognized when they can be clearly linked to the signer and verified for authenticity, providing protection against fraud. These eSignatures must indicate the signer’s intentional agreement to the document’s terms and are treated with the same validity as traditional handwritten signatures if the criteria are satisfied.
Overview of electronic signature regulations in Mexico
Generally, an eSignature is accepted to hold the same legal image as a wet ink signature. Even though the Mexican legal framework lacks an expressed provision on how electronic signatures are to operate, the use in completing transactions is regulated by:
- Federal Civil Code [Adopts the principles of UNCITRAL Model Law on Electronic Signatures]
- Federal Commerce Code
- Official Mexican Standard NOM-151-SCFI-2016
Article 1811 of the Federal Civil Code, in giving recognition to electronic signatures, opines that signatures affixed on contracts written on electronic messages will be recognized when they can be attributed to the person acquiring the obligation and the related information can be accessible for future reference.
The regulations categorize eSignatures into two:
- Simple/Standard Electronic Signature
- Advanced/Reliable Electronic Signature
A standard eSignature means any letters, characters, numbers, sound, process, or symbols in electronic form attached to, or logically associated with information that is used by a signatory to indicate his intention to be bound by the content of that information.
An advanced electronic signature is under Article 97 of the Federal Commerce Code, defined as an eSignature that meets conditions such as:
- Unique data that correspond exclusively to the Signatory.
- The Signature Creation Data was, at the time of signing, under the exclusive control of the Signatory,
- Ability to detect any change to the electronic signature made after its moment of creation.
- Ability to detect any alteration of the data message after its time of signing.
Unique data that correspond exclusively to the signatory
A secure electronic signature must be uniquely connected to the person who is using it. The signature must be uniquely made with methods that only the signer has access to, like a private key and confidential info, to verify their identity.
The signature creation data was, at the time of signing, under the exclusive control of the signatory
The person using the secure electronic signature must have sole control over the means of creating the signature. Typically, this requires managing a key pair or two-factor authentication, with the signer exclusively holding the private key to prevent signature forgery.
Ability to detect any change to the electronic signature made after its moment of creation
The integrity of an electronic signature is paramount, and various technologies are used to ensure that any changes made to the signature or the document after the moment of creation are detectable. This is achieved through audit trails and timestamps.
Ability to detect any alteration of the data message after its time of signing
It is essential to preserve the authenticity of the signed document. Modifications made to the document post-signature should be identifiable. This is commonly accomplished through an audit trail. Audit trails record the signer’s IP address, timestamps of key signing events, and location, providing proof of identity, timing, and place of signature.
Conditions for validity
Article 8 of the Federal Advanced Electronic Signature Act sets out certain standards to be met in operating an advanced electronic signature. These standards are:
- Functional equivalence
- Integrity
- Confidentiality
- Authenticity
- Technological neutrality
- Non–repudiation
Summary analysis
Under the Federal Civil Code, Federal Commerce Code and Official Mexican Standard NOM-151-SCFI-2016
Type of Signature
Unique Features
Validity Standards
Legal Validity
Standard Electronic Signatures
N/A
- Functional equivalence
- Integrity
- Confidentiality
- Authenticity
- Technological neutrality
- Non-repudiation
Depends on the weight of evidence
Advanced Electronic Signatures
- Linked only to the holder.
- Allows the holder to be identified.
- Creation is under the user's sole control.
- Easy to detect any alterations made to the document post signing.
- Functional equivalence
- Integrity
- Confidentiality
- Authenticity
- Technological neutrality
- Non-repudiation
Valid unless the contrary is proven
| Type of Signature | Unique Features | Validity Standards | Legal Validity |
|---|---|---|---|
| Standard Electronic Signatures | N/A |
| Depends on the weight of evidence |
| Advanced Electronic Signatures |
| Valid unless the contrary is proven |
The scope and limitations of eSignature transactions
Electronic signature use isn’t legally recognized for all document types. Some transactions are appropriate for eSignatures, while others aren’t. Following is a brief analysis and a summary table of these transactions.
Documents that can be signed
Electronic signatures can be employed to affix signatures and provide countersignatures on a diverse array of documents, such as:
- Legal opinions
- Offer letters
- Public petitions
- Memoranda and internal correspondences
- Non-disclosure agreements
- Purchase orders
- HR documents
- Procurement forms
- Employee onboarding documents
- End user agreements
Exempted transactions
Although there is no express provision in this regard, caution should be taken when dealing with transactions involving documents in general for any authority and government entity, which should be done with a wet-ink signature.
Summary of the scope and limitations of eSignature transactions
Transactions that can be completed with eSignatures
Transactions that may be exempted
(Under Federal Civil Code and other laws)
- Legal Opinions
- Offer letters
- Public Petitions
- Memoranda and internal correspondences
- Non-Disclosure Agreements
- Purchase orders
- HR
- Procurement
- Employee onboarding
- End User Agreements, etc.
- Applications before a government entity
- Transactions involving a public authority
| Transactions that can be completed with eSignatures | Transactions that may be exempted (Under Federal Civil Code and other laws) |
|---|---|
|
|
How does BoldSign help
The following elements of compliance available within BoldSign can be used to comply with Mexico eSignature laws:
- Secure and unique signing link: A secure and unique link to sign a document is sent directly to the signer’s email address. This helps to ensure that the document is only accessed by the intended signer and that it cannot be tampered with.
- Password protection: Senders can specify a password that needs to be entered before viewing and signing a document. This adds an additional layer of security to the signing process.
- Audit trail: The IP address of the signer, along with timestamps for all significant events in the signing process, are recorded in an audit trail. This provides a record of who signed the document, when they signed it, and where they signed it.
- Digital signature: The final signed document is digitally signed with an AATL compliant certificate. This ensures that the document cannot be tampered with without invalidating the signature.
- Consent: Signers are asked to confirm their intent to sign electronically and are also informed that they have the option to opt-out. This helps to ensure that the signer is aware of the implications of signing electronically and that they have given their consent to do so.
- Custom terms: There is an option to present your signers with a custom set of terms to which they must agree. This can be useful for adding additional security or ensuring that the signer understands the terms of the document.
Disclaimer: Information on this page is intended to help businesses understand the legal framework of electronic signatures for this particular country.
However, Syncfusion, its officers, directors, stockholders, affiliates, attorneys, accountants, employees, and agents cannot provide legal advice. You should consult your own personal attorney regarding your specific legal questions. Laws and regulations change frequently, and this information may not be current or accurate. To the maximum extent permitted by law, Syncfusion provides this material on an “as-is” basis. Syncfusion disclaims and makes no representation or warranty of any kind with respect to this material, express, implied or statutory, including representations, guarantees, or warranties of merchantability, fitness for a particular purpose, or accuracy.
Syncfusion makes no warranties of any kind, including but not limited to the validity of this article’s information or legality of the product, whether express, implied, statutory, or otherwise. To the maximum extent permitted by law, Syncfusion disclaims all conditions, representations, and warranties, whether express, implied, or statutory, with respect to this information, without limitation, any implied warranty of merchantability, fitness for a particular purpose, and accuracy or currentness of this information.
Neither Syncfusion nor its officers, directors, stockholders, employees, affiliates, attorneys, accountants, or agents shall be entitled to indemnification, express or implied, contractual or statutory, equitable or otherwise.
1 [https://uncitral.un.org/en/texts/ecommerce/modellaw/electronic_commerce]
2 Finocchiaro, G. D., & Bomprezzi, C. (2020). A legal analysis of the use of blockchain technology for forming smart legal contracts. MEDIA LAWS, 2020(2), 111-135.
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