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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.

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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.

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Are eSignatures legal, admissible, and enforceable?

Yes.

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Summary of Law

Mexico has a tiered eSignature legal model and recognizes digital signatures as a distinct type of eSignature.

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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.

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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.

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The tiered eSignature legal model in Mexico allows companies to select the type of eSignatures to use while conducting their business.

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Key Restrictions

eSignatures are not recommended for:

• Documents requiring notarization
• Tax related documents
• Mortgage documents