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 • October 6th, 2023

Regulations on the legality and enforceability of Electronic Signatures: Mexico

 

Mexico does not have a dedicated law regulating electronic signatures or records. However, the most important ones addressing the enforceability of electronic signatures and general electronic commerce in Mexico are:

  • 1. The Federal Civil Code
  • 2. The Federal Commerce Code.

Under Mexican law, an electronic signature applied to a document between private parties is equally enforceable as a handwritten signature. Generally, electronic signatures used for digital documents are equally binding as handwritten signatures.

An electronic signature is legally-binding, much like a handwritten signature, which means that it can be accepted as evidence in a court of law. An electronic signature can be any digital information included in a data message or attached to the same through any technology—the details it has been used to identify the signer and approve the content in a data message. Under the Commerce Code, the information doesn’t need to be printed out to have legal effects. Data messages also meet the requirements of the Commerce Code if they comply with any regulations that outline how they can be used.

In the previous definition, a data message is any information communicated through optical or electronic means or any other technology. Under Mexican law, a data message containing an electronic signature must meet the following requirements for it to be legally enforceable:

  • 1. If the creation date of the signature corresponds exclusively to the person who signed it;

  • 2. A signature is only valid if the creator of that signature remains in exclusive control of it (i.e., the signing device) at all times;

  • 3. If you can identify any alterations to the signature which occurred after the moment at which it was created; and

  • 4. The integrity of a data message can be identified by any alterations occurring to the electronic signature after signing.

If an electronic signature meets all four of these requirements, it will also have to have a digital certificate applied by a government-approved certification service provider.

There are a few special considerations:

Mexican courts typically have little experience enforcing documents signed with electronic signatures. Many courts will not look favorably on these signatures because they do not have the time or technology to validate them, even if they are confirmed through email. Other e-signature platforms, like MSB Docs enterprise eSignature, are more likely to be accepted by Mexican court systems.

Transacting with the public sector

Government filings are not the same as agreements between two or more people. While some authorities allow online filing, the general rule is that these filings must be done in person. The only regulations for electronic signatures for governmental organizations refer to an advanced electronic signature (also known as FIEL) used to carry out certain tax filings.

What are the documents that may be signed electronically?

According to Mexican law, when the applicable law requires a document to be formalized before a Notary Public, the Notary must state in the relevant public instrument that the parties have expressed their will through electronic means. The signer agrees that this declaration and any attached data message are authentic and conform to the document’s original content.

 In Mexico, electronic signatures are routinely used for all transactions between private parties that don’t go through a regulator’s regulatory, supervision, or submitting process. (In other words, it is not advisable to sign a contract electronically if it will eventually be filed with a governmental agency.) That being said, you can use an electronic signature on documents except those involving government filings.

What factors lead to the enforcement of digital signatures in Mexico?

For the electronic signature to be enforceable and produce the same effect as a handwritten signature, (1) it must be logically associated with the data message, (2) through any technology, it must be able to identify the signer concerning the data message and indicate their approval of the information in that data message. Mexican law does not afford greater validity to any “advanced” type of electronic signature.

*Disclaimer : This page is intended to provide general information without any risks associated with legal advice. Though this page may contain some general legal information, it should not be used as an alternate for legal advice in your jurisdiction. You should always consult with an attorney or other professional before making any decisions on your own. MSB Docs provides this material “as-is,” and they disclaim any responsibility regarding its use. MSB Docs makes no representation or warranty of any kind, including guarantees or warranties of merchantability, fitness for a particular purpose, or accuracy of this material.