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Overview of eSignature Legality in Mexico
There is no eSignature specific law in Mexico, however the country recognizes eSignatures as long as it satisfies requirements stated in Mexico’s Commerce Code.
Electronic Signature Law
No specific law on eSignatures, however the Federal Civil Code and Federal Commercial Code cover the use and enforceability of electronic signatures.
Are eSignatures legal, admissible, and enforceable?
Summary of Law
Mexico has a tiered eSignature legal model and recognizes digital signatures as a distinct type of eSignature.
A contract is generally valid when the parties reach an agreement that is expressed verbally, in writing, by electronic means, or by any other technology, or by unambiguous signs.
In some stances when the digital signatures are required, they need to meet the following criteria to be equivalent to handwritten signatures.
- The signature creation data is, within the context in which they are used, linked exclusively to the signatory
- The signature creation data is, at the time of signing, under the exclusive control of the signatory and of no other person
- Any alteration to the electronic signature, made after the time of signing, is detectable
- Any alteration made to the information (to which e-signature relates) after the time of signing is detectable
For an advanced eSignature (AES), the document must be certified by an authorized issuer of the Mexican government.
The tiered eSignature legal model in Mexico allows companies to select the type of eSignatures to use while conducting their business.
eSignatures are not recommended for:
- Documents requiring notarization
- Tax related documents
- Mortgage documents
Disclaimer: This information is intended for general informational purposes only. It is meant to help companies understand the legal framework used for eSignature legality. This is not intended to be legal advice and should not be a substitute for professional legal advice. Consult a licensed attorney for legal advice or representation.