Mexico Electronic Signature Compliance Explanation

Are electronic signatures legal in Mexico? What laws primarily regulate electronic signatures?

Electronic signatures are legal in Mexico, and Mexican electronic signatures are primarily governed by the Federal Civil Code (Código Civil Federal) and the Commercial Code (Código de Comercio).

What is a Mexican electronic signature? What kind of data message has enforceable effect?

An electronic signature refers to electronic form data in a data message, or data appended or associated with a data message through any technology, used to identify the signatory of the data message and indicate that the signatory acknowledges the information contained in the data message. It has the same legal effect as a handwritten signature and can be used as evidence in court.

When applicable law requires a document to be in writing, the data message containing the information must meet the following requirements to be enforceable:

• It must be kept in its original version in its entirety
• It must be fully preserved and available for future reference
• The electronic signature must be attributable to the signatory

What types of electronic signatures are recognized in Mexico? What are the requirements for each type?

Mexico recognizes two types of electronic signatures, namely simple electronic signatures and advanced (or reliable) electronic signatures.

1. Simple Electronic Signature

Electronic form data, or data appended or associated with a data message through any technology, used to identify the signatory of the data message and indicate that the signatory acknowledges the information contained in the data message.

2. Advanced (or Reliable) Electronic Signature

If an electronic signature is certified by a certification provider and meets the following requirements, it will be considered “advanced” or “reliable”:

• The signature creation data must be uniquely associated with the signatory;
• The signatory must maintain exclusive control over the signature creation data at the time of signing;
• Any modification to the electronic signature after signing must be detectable;
• Any change to the information in the data message after signing must be identifiable.

Although advanced electronic signatures do not have additional presumptions of validity compared to standard electronic signatures, the fact that advanced electronic signatures are certified by a certification provider may provide stronger evidence of validity than standard electronic signatures in the event of a dispute.

In what scenarios can electronic signatures be used in Mexico?

Electronic signatures can be used in the following documents or scenarios, but are not limited to:

• Business agreements between corporate entities
• Confidentiality agreements
• Procurement agreements
• Sales agreements
• Consumer agreements, etc.

In what scenarios in Mexico should a more detailed risk assessment be conducted before using electronic signatures?

The following scenarios require cautious use of electronic signatures:

• Promissory notes, guarantees, and guarantees provided by co-debtors
• Human resources (compensation receipts can use SES)
• Tax returns and other tax documents
• Litigation documents
• Civil legal acts, including acknowledgment of children, adoption, marriage, divorce, death, presumed death, guardianship, or legal capacity to manage property

In what scenarios in Mexico cannot electronic signatures be used?

Notarization is required for matters such as real estate transfer contracts, marriage contracts, powers of attorney, and articles of association of civil and commercial companies.