The Legal Validity of Digital Documents: Admissibility of Digital Contracts in a Legal Process or Trial:

One of the most common concerns when adopting digital signatures is whether electronic documents have the same legal weight as their paper equivalents, especially when presented as evidence in a legal or judicial process. The answer is clear and irrefutable: contracts and documents signed digitally, particularly through a robust platform like Cincel, are not only admissible, but their probatory value is significantly strengthened.

In Mexico, the legal framework has evolved to recognize the validity of electronic media. Cincel is designed to operate in strict compliance with this regulation, giving you peace of mind that your digital agreements have the probatory value for any legal eventuality.

 

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The Legal Basis in Mexico

Mexican legislation explicitly establishes that information generated, sent, received, or stored by electronic means has full legal value. The principle is that no legal effect, validity, or binding force can be denied to any document or information solely because it is contained in a data message.

Key legislation supporting this validity include:

• Commercial Code (Articles 89, 97, and 100): Regulates e-commerce, electronic signatures, and Federal Code of Civil Procedure (Article 210-A): Establishes the admissibility of information generated or communicated by electronic means as evidence in court.

• Official Mexican Standard NOM-151-SCFI-2016: Details the requirements for the preservation of data messages and the digitization of documents to grant them the presumption of integrity and "Certain Date."

Thanks to this legal framework, electronic documents can be presented as a means of proof in any legally recognized instance, producing the same legal effects as printed documents, as long as they meet the requirements of reliability and attribution to the sender.

 

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"Probatory Value": Beyond Admissibility

While a digital document is admissible in court, its probatory value (that is, how convincing it turns out to be as evidence) depends largely on its reliability and the guarantees of its integrity and authorship. This is where Cincel makes the difference.

Cincel provides added value to the electronic signature; building a case of irrefutable evidence around each document, providing it with maximum probatory force.

 

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How Cincel Reinforces the Probatory Value of Your Documents

Our platform incorporates multiple security and certification filters to ensure that your documents are valid and irrefutable in any legal process:

1)    NOM-151 Conservation Certificate (Certain Date)

For documents with a Smart Certificate, Cincel generates a Data Message Conservation Certificate. This certificate is issued by a PSC accredited by the Ministry of Economy of Mexico, guaranteeing:

• Presumption of Integrity: It ensures that the document has not been altered since the moment of its certification.

• Certain Date: The exact date and time the document existed and was certified is established indubitably, a crucial requirement for tax and legal purposes in Mexico.

2)    Complete Audit Trail

Each document signed in Cincel is accompanied by a detailed Audit Trail. This digital certificate exhaustively records:

• The identity of all signers and observers.

• The type of signature used (digital wet signature, name wet signature, e.firma).

• The IP addresses of the devices.

• The exact timestamps of each event.
• Identity verification results (if liveness tests were requested).

 

3)    Notarization with Blockchain

Cincel adds an additional layer of security by notarizing your documents on Blockchain. This distributed technology records a "hash" (cryptographic digital fingerprint) of the document, creating public and immutable proof of its existence and content at a specific time. This feature provides tamper-proof evidence, accessible and globally verifiable, which complements Mexican certifications.

4)    Support for Advanced Electronic Signature

Cincel allows the use of e.firma (formerly FIEL), the most secure electronic signature standard with the greatest legal force in Mexico. Using this signature with Cincel guarantees non-repudiation and the authenticity of the signer, key attributes for high-value contracts.

5)     Platform Security and Reliability

Cincel's infrastructure, hosted on AWS and protected with SSL/TLS encryption, ensures that your documents are protected with the highest security standards, guaranteeing their confidentiality and integrity at all times.

 

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Legal Validity With Cincel

Judges not only cannot reject digital contracts simply because of their electronic format, but documents signed and certified with Cincel are built to be solid and convincing evidence in any litigation. The combination of Mexican regulatory compliance (NOM-151), advanced security measures (Audit Trail, Blockchain), and support for high-standard signatures (e.firma) ensures that your digital agreements have maximum validity and legal certainty.