Electronic signature in Mexico

Types of electronic signature with Viafirma

The normative framework that regulates electronic signatures in Mexico is broad. The main laws on electronic signatures in Mexico include the Federal Civil Code, the Commercial Code, the Advanced Electronic Signature Law, as well as official standards such as NOM-151-SCFI-2016 on data message preservation and document digitization.

Mexican law recognizes two types of electronic signature:

• The simple electronic signature, based on the exchange of keys and passwords between parties. It is legally valid and can be used in a lawsuit.
  
  
• Advanced electronic signature, uses a signature certificate issued by an advanced electronic signature certification service provider. It identifies the signatory and guarantees the integrity of the document, i.e., that it has not been subsequently altered. It has the same value as a handwritten signature.

Electronic signature of documents

According to the Advanced Electronic Signature Law, any type of legal and commercial documents can be signed with an electronic signature. However, there are a number of documents that cannot be signed electronically as they require a higher degree of security and authenticity than that provided by an electronic signature.

Some documents that cannot be digitally signed are:

• • Notarial documents
    
  • Identity documents
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  • Banking documents
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  • Legal documents in matters of justice

What are the requirements for an electronic signature to be legal in Mexico?

Mexican law states that for an electronic signature to be legally valid in Mexico, it must comply with a series of requirements:

• • Integrity of the information. It must be possible to prove the reliability of the method by which the data message was generated and acquired; in this case, the signature. In other words, it must be possible to prove that the information has not been altered and is intact.
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  • Identification of the signatory. The signed document must contain information to identify the signatory.
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  • Accessibility. The message documentation must be available for consultation after signing.
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  • Non-repudiation: The signatory must not be able to deny having signed the electronic document.

Viafirma is a registered trademark in Mexico

Viafirma is a registered trademark and recognized in Mexico since September 23rd, 2021, by the Mexican Institute of Intellectual Property (IMPI).

If you are looking for a document signature solution in Mexico, we have in Viafirma the solution that adapts to your needs. You will be able to sign documents such as contracts or informed consents, wherever and whenever you want, with all the legal guarantees.

Contact us and we will inform you about our products and electronic signature solutions.