What is a Certification Service Provider (PSC)?
In the digital signature and electronic document ecosystem in Mexico, the role of the Certification Service Provider (PSC or Prestador de Servicios de Certificación in Spanish) is essential. A PSC is a public or private entity authorized to provide technological services that guarantee the validity, integrity, and authenticity of digital transactions and documents. They act as a trusted third party, providing legal certainty to your operations.
Legal Basis and Accreditation
The existence and operation of PSCs are regulated by the Mexican legal framework, primarily by the Commercial Code. According to this, PSCs are individuals or institutions that provide services related to Electronic Signatures and issue Digital Certificates. Their accreditation and supervision fall directly under the Secretariat of Economy, which is the only body empowered to grant and revoke such authorization (pursuant to article 95 bis 6 of the Commercial Code of Mexico).
Key Services Offered by a PSC
PSCs are authorized to offer various services that are fundamental to the security and validity of digital documents. These include, pursuant to article 100 of the Commercial Code:
- Issuance of Advanced Electronic Signature Digital Certificates: They provide the certificates that support the digital identity of the signers.
- Conservation of Data Message Records (NOM-151-SCFI-2016): This is a crucial service that provides "Certain Date" to electronic documents. The NOM-151 Conservation Record is issued by a PSC and guarantees the existence and integrity of a document at a specific time, while also ensuring its legal validity before Mexican authorities for a minimum period of 10 years.
- Digital Timestamping: They issue digital stamps that prove the existence of content at an exact date and time. This stamp is unalterable and has no predefined expiration, confirming the timing information of a digital act.
- Document Digitalization: They certify the conversion of physical documents to digital formats, ensuring their legal equivalence and evidentiary value.
Types of PSCs in Mexico
The Commercial Code recognizes different types of entities that, upon accreditation by the Secretariat of Economy, can operate as PSCs:
- Public Notaries and Public Brokers: Attesting officers who, in addition to their traditional functions, can provide electronic certification services.
- Private Legal Entities: Companies specializing in technological and certification services.
- Public Institutions: Government entities that may be authorized to provide these services, such as the SAT with the e.firma.
Requirements for PSC Accreditation
To obtain and maintain their accreditation, a PSC must demonstrate compliance with strict requirements in several areas, including:
- Human Capacity: Having qualified and specialized personnel.
- Material Resources: Having the necessary physical infrastructure.
- Economic Solvency: Demonstrating financial stability to guarantee service continuity.
- Technological Capacity: Implementing robust systems that ensure the security, confidentiality, integrity, and availability of information, following defined procedures for the issuance and preservation of certificates and records.
The Relevance of PSCs for Cincel
At Cincel, the collaboration with accredited PSCs is a fundamental pillar for the legal validity and legal certainty of your documents. When you use our Smart Certificates, your documents obtain a NOM-151 Conservation Record issued by a PSC authorized by the Ministry of Economy. This ensures that your agreements comply with the highest legal standards in Mexico and can be presented as evidence in court, granting them Certain Date.
In summary, Certification Service Providers are key players in the Mexican digital ecosystem. Their existence and strict regulation provide the necessary trust so that companies and individuals can conduct transactions and sign documents electronically with the same or even greater security and validity than traditional paper processes.