Mexico: Electronic Signatures Legality

A guide to the compliance and legality of eSigning in Mexico

Contracts and agreements in Mexico are regularly made in both verbal and written form. While traditional wet ink signatures are often used, more and more businesses and individuals are using electronic signatures in Mexico.

Below, we’ll take a look at the history of electronic signatures in Mexico, how things are eSigned in the country today, and outline the legality of this important process that’s being increasingly used in countries worldwide. 

The History and Regulation Establishment of Electronic Signatures In Mexico

The usage of electronic signatures in Mexico is governed by a series of different laws set forth to manage legality. While there is no country-wide uniform law that dictates how electronic signatures may be used, it’s important to be familiar with the individual regulations so that contracts and agreements can use legally binding electronic signatures.

The Mexican Legal System

Mexico is considered a “civil law country,” which means its legal system is based on a series of codes and laws that are applied in accordance with the parties involved by the court system instead of within a system of jurisprudence. That being said, the central government of Mexico is involved in important decision-making and with essential interpretation and dictation of the law.

Within civil law governments, codes and decrees are often updated or changed to serve the purpose of current needs or changes required.

Civil Code Section 1803

Mexico has a Commercial Code established to govern how commercial sales and transactions are carried out. Under this code, Civil Code Section 1803 specifically designates how electronic signatures are to be legally used.

One of the most important aspects of Civil Code Section 1803 is that proof of signing and tamper evidence is available. For electronic signatures in Mexico to be considered reliable and, therefore, legally admissible they must contain technical data that can identify the signer, must be under the control of the signatory at all times, and must allow for easy detection of alteration so that the integrity of the signing is preserved

Sections 89, 1205, 1298-A, and Section 210-A of Federal Civil Proceedings

Sections 89, 1205, and 1298-A in the Mexican Commerce Code dictate how electronic signatures in Mexico are permissible in court. Within these codes, it is stated that court evidence in the form of data messages is admissible.

In Section 210-A of Federal Civil Proceedings, it is also stated that “Information produced or communicated through electronic, optical means or any other technology, shall be admitted as evidence in court.”

What Requirements do Electronic Signatures In Mexico Have?

When it comes to electronic signatures in Mexico, the country has its own set of defining rules dictating the requirements of an electronic signature in order to be accurate within the Mexican legal system. The primary focus of the legality of the use of electronic signatures in Mexico is proving validity, therefore, there are several different considerations that should be followed:

Use Cases for Electronic Signatures In Mexico

For businesses and individuals looking to complete paperwork by using electronic signatures in Mexico, there’s a wide range of document and form types that this can be done with; there are also some document types that cannot legally be electronically signed in Mexico.

It is also important to note that some documents are valid with a standard electronic signature, while others require Advanced Electronic Signatures (AES) or Qualified Electronic Signatures (QES) in order to adhere to the requirements of the Mexican legal system.

• Advanced Electronic Signatures (AES): Uniquely links to and identifies the signatory while remaining under the signatory’s control and offering easy detection of tampering. 
• Qualified Electronic Signatures (QES): A QES signature contains the elements of an AES signature, while also using a secure signature creation device and is certified as “qualified.” In Mexico, certifiers for QES must become qualified through the Mexico Ministry of Economy.

Standard electronic signatures are often acceptable, but businesses and individuals are responsible for verifying if QES or AES signatures are required at the time of signing for specific documents with electronic signatures in Mexico.

Documents that Can be Signed Electronically In Mexico

(Including, but not limited to the following)

Documents that Are Not Usually Signed Electronically In Mexico

(Including, but not limited to the following)

Can Foxit eSign aka eSign Genie Be Used for Electronic Signatures In Mexico?

Yes, you can use Foxit eSign aka eSign Genie’s software to generate electronic signatures in Mexico! 

Our software can easily and intuitively help individuals and businesses in Mexico complete important agreements, contracts, and transactions digitally with legally binding signatures through helpful features, such as:

• Signature certificates upon completion of a signed document
• Detailed auditing
• Tamper-evident signing keys
• Secure 256-bit encryption
• SOC 2 Type 2 compliance
• User access control
• Easy-to-use user interface
• And more!