What is NOM-151?
The Mexican Official Standard NOM-151-SCFI-2016, "Requirements to be observed for the preservation of data messages and the digitization of documents", is a fundamental pillar in Mexican legislation for the use of electronic documents and digital signatures. Its main objective is to establish the conditions so that information generated, transmitted, or stored by electronic means maintains its validity, integrity, and authenticity over time, making it equivalent to physical documents.
In essence, NOM-151 provides legal certainty to data messages, ensuring they can be used as evidence in any legal proceeding, including lawsuits, with the same value as a paper document.
Purpose and Scope of NOM-151
This standard is of general observance for all merchants in Mexico who, in accordance with the Commercial Code (Articles 38, 46, 46 bis and others), use data messages or digitize documents related to their businesses. Its purpose is:
- Guarantee integrity: Ensure that a data message has not been modified or altered since the moment of its creation.
- Ensure authenticity: Demonstrate that the data message comes from the person or entity presumed to be its author.
- Promote preservation: Establish the requirements for safeguarding these data messages for extended periods (at least 10 years), maintaining their integrity and authenticity attributes.
- Grant “Certain Date”: A crucial concept that validates the existence of a document at a specific time, something required by authorities such as the SAT to prove certain operations.
Key Components of NOM-151
To comply with the requirements of NOM-151, specific tools and concepts are used:
- Data Messages. According to the Advanced Electronic Signature Law, a Data Message is all information generated, sent, received, archived, or communicated through electronic means. NOM151 ensures that these messages have the same legal validity as printed documentation.
- Certification Service Provider (PSC). A Certification Service Provider (PSC) is a legal entity accredited by the Secretariat of Economy to issue digital certificates and provide services related to electronic signatures, such as the issuance of Conservation Certificates and Digital Timestamps. The intervention of a PSC is fundamental for the validity of documents under NOM-151.
- Data Message Conservation Certificate. This is the key document issued by a PSC that certifies that a data message has been preserved in accordance with NOM-151. It contains, among other elements, one or more Digital Timestamps that prove the existence and integrity of the document at a specific date and time.
- Digital Timestamp (Timestamp). It is a technological mechanism that proves that a series of data has existed and has not been altered at a specific moment. In the context of NOM-151, the PSC incorporates it into the Conservation Certificate to attest to the "Certain Date".
NOM-151 in Cincel
At Cincel, we are committed to the maximum legal validity of your documents. Therefore, all documents signed with a Smart Certificate comply with NOM-151. This means that each document:
- Includes a Data Message Conservation Certificate issued by a PSC authorized by the Ministry of Economy.
- Obtains the "Certain Date", crucial for its evidentiary value and compliance with tax requirements (SAT).
- Is generated with a complete Audit Trail, which documents the entire signing process, adding additional layers of security and evidence.
NOM-151 is not only a regulation, it is a guarantee that your digital operations are as valid and secure as their physical counterparts, allowing you to operate with confidence in the digital environment.
💡Cincel Tip: The combination of NOM-151, the Audit Trail, and blockchain notarization (present in our Smart Certificates) raises the legal and evidentiary robustness of your documents to the highest level.