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Legal Validity of Digital Documents: Is the NOM-151 Preservation Certificate Indispensable?

It is a frequent and crucial question for any business operating in Mexico: is a digital document legally valid if it does not have a NOM-151 Preservation Certificate? The answer is more nuanced than it seems, and at Cincel we explain the difference between basic validity and the maximum legal certainty that this certificate can offer.

 

 

The Legal Basis: The Value of the Data Message in Mexico

The Mexican legal framework is clear: documents generated, sent, or received through electronic means, known as "Data Messages," have full legal validity.

According to the Commerce Code (especially in articles 89, 90, and 93):

  • Full legal force and effects shall not be denied: The law establishes that validity or binding force cannot be denied to any type of information solely because it is contained in a Data Message. This applies to a wide range of documents, from an email to a digitally signed contract.
  • Functional equivalence: Data Messages are designed to fulfill the same functions as a paper document. For example, an electronic signature on a Data Message fulfills the requirement of a handwritten signature.
  • Admissibility in court: Data Messages can be used as evidence in any legal proceeding, as long as they comply with the provisions of the Code of Commerce and applicable regulations. Their initial evidentiary value is similar to that of a private document.

This means that, in principle, a digital document without a NOM-151 Preservation Certificate can be legally valid and admissible in court, as long as its integrity is demonstrated and it is proven to come from the person who supposedly issued it.

 


 

Elevating Certainty: The Role of the NOM-151 Preservation Certificate

While a digital document may have legal validity on its own, the Data Message Preservation Certificate according to NOM-151-SCFI-2016 elevates its evidentiary value to a higher level, granting it a presumption of integrity and Certain Date.

1)    What is NOM-151?

NOM-151-SCFI-2016 is a Mexican Official Standard that establishes the requirements for the preservation of Data Messages and the digitization of documents, especially for merchants in commercial acts. Its purpose is to ensure the authenticity and unalterability of digital information over time.

 

2)    What does the NOM-151 Preservation Certificate provide?

The Preservation Certificate is issued by a Prestador de Servicios de Certificación (PSC) [Certification Service Provider] accredited by the Ministry of Economy of Mexico, such as Cincel through its strategic allies. This certificate provides:

  • Presumption of Integrity: It guarantees that the digital document has not been modified or altered from the moment the certificate was generated. This is crucial in case of legal disputes, as it eliminates the need to prove the unalterability of the document in a complex way.
  • Certain Date: This is a key requirement for the SAT and other legal effects. The NOM-151 Certificate provides an exact date and time when the digital document existed, eliminating any doubt about its temporality.

 

💡 Cincel Tip: Obtaining a "Certain Date" is fundamental for certain tax procedures and to provide greater legal security to your contracts, especially high-value ones.

3)   When is the NOM-151 Certificate crucial?

While not all digital documents strictly require a NOM-151 Certificate to be valid, it is highly recommended and in some cases indispensable for:

  • Documents with tax implications: To prove operations before the SAT, the "Certain Date" provided by NOM-151 is an invaluable support that can avoid contingencies.
  • High-value or high-risk contracts: In complex commercial agreements, real estate purchase contracts, financial instruments, or any document where integrity and authenticity are vital to avoid disputes.
  • Legal and judicial processes: Although a basic Data Message is admissible, a NOM-151 Certificate exponentially strengthens its evidentiary value by granting it a presumption of integrity before a judge, simplifying the demonstration that the document has not been manipulated.
  • Regulatory compliance: In industries with strict regulations on document preservation, NOM-151 ensures compliance with the highest standards.

 

 

Cincel Provides You Maximum Certainty

At Cincel, we understand the importance of legal security. Therefore, our Smart Certificates not only include the Data Message Preservation Certificate according to NOM-151, but also timestamping on blockchain and a complete Audit Trail. This means that, with Cincel, your documents are not only legally valid but also have an unsurpassed level of certainty, integrity, and traceability.

In summary, while Mexican law grants validity to Data Messages by their simple electronic existence, the NOM-151 Preservation Certificate is the most robust layer of security and legal certainty you can add to your digital documents, protecting them against possible disputes and guaranteeing their unalterability over time.