What is the Legal Framework and Regulation of the Electronic Signature in Mexico?

Mexico has a solid and progressive legal framework that supports the use and validity of the electronic signature in various legal acts, from commercial contracts to government procedures. At Cincel, we are committed to strict compliance with these regulations to ensure that your digitally signed documents have full validity and legal certainty at all times.

Fundamental principles of the Electronic Signature in Mexico

Mexican legislation is based on two key principles derived from international law, especially the UNCITRAL Model Law on Electronic Commerce:

• Principle of Technological Neutrality: No document or information may be denied legal validity simply because it is in electronic format or has been signed by electronic means. This is enshrined in Article 89 bis of the Código de Comercio.

• Principle of Functional Equivalence: The law grants data messages and electronic signatures the same legal effects as printed documents and handwritten signatures, provided they meet the requirements of integrity, attribution, and accessibility.

Legal basis and regulations in Mexico

The use of the electronic signature in Mexico is regulated by various laws and regulations, which establish the bases for its validity and its admissibility in all types of legal and judicial proceedings. The most relevant include:

1)    Código de Comercio [Commercial Code]

It is the cornerstone of the electronic signature in the commercial sphere. Articles 89 to 113 explicitly recognize the evidentiary value of data messages and the electronic signature. It establishes the conditions for the validity of data messages, the presumption of their integrity, and defines the role of the Certification Service Providers (PSC).

2)    Código Civil Federal [Federal Civil Code]

Although it does not focus directly on the electronic signature, this code is fundamental because it establishes the general requirements for the validity of legal acts, contracts, and obligations. The electronic signature is integrated into these requirements as a means of manifesting consent (Articles 1803, 1805, 1811, and 1834 bis.).

3)    Código Federal de Procedimientos Civiles [Federal Code of Civil Procedure]

This code is crucial for the admissibility of electronic evidence in court. Article 210-A, for example, establishes the presumption that electronic documents enjoy the same validity as traditional documents, provided they meet reliability requirements.

4)    Norma Oficial Mexicana NOM-151-SCFI-2016 [Mexican Official Standard NOM-151-SCFI-2016]

NOM-151-SCFI-2016 establishes the requirements for the conservation of data messages and the digitalization of documents, ensuring their integrity and authenticity over time. It is fundamental for granting "Fecha Cierta" [Certain Date] to digital documents, which is a key requirement for fiscal purposes (SAT) and evidentiary purposes.

5)    Ley de Firma Electrónica Avanzada (LFEA) [Law on Advanced Electronic Signatures]

Although this law focuses primarily on the e.firma used by government entities, its definitions and principles have influenced the general recognition of the advanced electronic signature. It establishes technical and security requirements for advanced electronic signatures.

6)    Reglamento del Código de Comercio en Materia de Prestadores de Servicios de Certificación y Reglas Generales a los PSC [Regulations to the Commercial Code on Certification Service Providers and General Rules for CSPs]

These regulations detail the requirements and procedures that entities (public or private) must follow to be accredited as Certification Service Providers (PSC) by the Secretariat of Economy, and thus be able to issue services such as the Constancia de Conservación de Mensajes de Datos [Certificate of Data Message Conservation] or Digital Timestamps.

Cincel and legal compliance

At Cincel, we have designed our platform not only to be easy to use but also to rigorously comply with this Mexican legal framework.

1. Types of signature with legal validity: 
   • Simple Electronic Signature (Digital Handwritten or with Name): Recognized and valid for commercial and operational agreements. 
   • Advanced Electronic Signature (SAT e.firma): Offers the highest level of legal certainty, ideal for high-value transactions or those requiring maximum authentication.
2. NOM-151 Conservation Certificate: Our Smart Certificates include a Constancia de Conservación issued by a Prestador de Servicios de Certificación (PSC) authorized by the Secretaría de Economía, which grants "Fecha Cierta" and ensures the presumption of integrity of your documents before the authorities.
3. Audit Trail: We generate a detailed audit trail that records every event of the signing process, serving as irrefutable proof in case of disputes.
4. International standards: In addition to Mexican regulations, documents signed in Cincel comply with international standards such as ISO/IEC and ETSI TS, reinforcing their recognition on a global level.

By choosing Cincel, you choose a platform that not only streamlines your processes but also gives you the peace of mind of knowing that every signed document has the backing of a robust legal framework, ensuring its validity and evidentiary strength in Mexico and the rest of the world.