eSignature Legality in Mexico

E-Signature Legality Summary

Mexico does not have a dedicated law regulating electronic signatures or records. The most relevant laws in Mexico addressing the enforceability of electronic signatures and electronic commerce in general are the following: 

• Federal Civil Code; and
• Federal Commerce Code

Further, all regulations regarding commerce, and specifically electronic signatures in Mexico, are of federal jurisdiction. There are no local laws containing material regulations regarding electronic signatures.

Types of Electronic Signature

An “electronic signature” includes any electronic data included within a data message, or attached to, or logically associated to the same through any technology, which is used to identify the signer with respect to the data message, and to indicate that the signer approves the information contained within the data message, and which produces the same legal effects as the handwritten signature, being admissible as evidence in trial.

A “data message” is “the information generated, sent, received or filed through optical or electronic means or through any other technology.”

Mexican law recognizes an electronic (digital) signature as “advanced” if it also complies with the following requirements:

• If the creation data of the signature, within the context in which the same is used, correspond exclusively to the signer;
• If the creation data of the signature were, at the time of the signature, under the exclusive control of the signer;
• If it is possible to identify that any alteration to the electronic signature (tamper-evident), occurred after the moment of the signature;
• With respect to the integrity of a data message, it is possible to identify any alteration to the electronic signature (tamper-evident) that occurred after the moment of the signature; and
• Contains a digital certificate applied by a government-approved certification service provider.

When the applicable law requires a document to be in writing, the data message containing the information must meet the following requirements to be enforceable:

1. it must be entirely kept in its original version;
2. it must be entirely conserved and kept available for subsequent consultation; and
3. the electronic signature must be attributable to the signers;

Pursuant to the Mexican Civil Code and Commerce Code, an electronic signature is valid to express the consent and/or agreement in any legal act (between particulars). Provided the electronic signature matches the definition and requirements, there are no restrictions and/or limitations as to the form or shape that the electronic signature shall have.

Documents That May be Signed Electronically

In Mexico, electronic signatures are frequently used for all transactions between private parties that are not subject to the regulation, supervision, submission, etc. of a regulator of governmental authority (i.e., it is not advisable to sign a contract electronically if eventually such contract will be filed with a governmental agency). Therefore, except for those involving government filings, documents generally are eligible for the use of electronic signatures.

Further Guidance

Mexican law does not afford greater validity to an advanced electronic (digital) signature. If disputed, the party seeking to enforce the electronic signature, including an advanced electronic (digital) signature, has the burden of proving its validity (except for those cases in which the advanced electronic (digital) signature includes a digital time-seal attached to the document).