Yes, eSignatures are legal and enforceable in Mexico under the Commercial Code (Código de Comercio) and other relevant laws.
Electronic Signatures are fully recognized and legally enforceable in Mexico under the Commercial Code (Código de Comercio), Articles 89-109, which was updated in 2003 to include provisions for electronic commerce.
This law aligns with international standards such as the UNCITRAL Model Law on Electronic Commerce, ensuring that eSignatures hold the same legal weight as handwritten signatures when they meet authenticity and integrity requirements.
In addition, the Advanced Electronic Signature Law (Ley de Firma Electrónica Avanzada - LFEA), enacted in 2012, establishes guidelines for the use of advanced electronic signatures (FEA), which require a certified digital certificate and offer a higher level of legal presumption.
These laws have been further strengthened in recent years to accommodate the increasing adoption of digital transactions, especially after 2020, when remote work and digital contracts became more common.
In Mexico, there are two main types of electronic signatures recognized by law:
It is a basic form of eSignature that demonstrates consent but lacks strong identity verification. FES is suitable for low-risk agreements where minimal verification is needed.
Examples:
Legal status: Recognized but may require additional evidence in case of disputes.
It is a highly secure digital signature that uses encryption and is uniquely linked to the signer. Advanced electronic signature is governed by the Advanced Electronic Signature Law (LFEA) and the Commercial Code.
FEA is recommended for contracts that require a high level of security, such as financial, tax, or government-related transactions.
Requirements:
Legal status: Carries the same presumption of authenticity as a handwritten signature and is stronger in court.
For eSignatures to be legal in Mexico, they must meet the following requirements:
1. Consent of all parties: All parties must agree to use eSignatures for the transaction.
2. Attributability: The eSignature must be uniquely linked to the signer and allow their identification.
3. Document integrity: The signed document must remain unaltered after signing to ensure authenticity.
4. Legal recognition of the signature type: The signature must comply with either simple electronic signature (FES) or advanced electronic signature (FEA) requirements under Mexican law.
5. Use of certified digital certificates (for FEA): Advanced electronic signatures must be generated using digital certificates issued by an accredited authority, such as the Tax Administration Service (SAT).
6. Compliance with governing laws: The eSignature must meet the requirements set by the Commercial Code (Código de Comercio) and the Advanced Electronic Signature Law (LFEA).
In Mexico, eSignatures are not valid for the following documents:
In Mexico, eSignatures are regulated by the Tax Administration Service (SAT) and the Ministry of Economy (Secretaría de Economía). The SAT oversees the issuance of Advanced Electronic Signatures (Firma Electrónica Avanzada - FEA), ensuring compliance with security and authentication standards.
Individuals and companies should keep the following points in mind to ensure their eSignatures are compliant:
1. Choose the right type of eSignature: Use a simple electronic signature (FES) for low-risk agreements and an advanced electronic signature (FEA) for high-value contracts that require stronger legal presumption.
2. Verify signer identity: Implement multi-factor authentication (MFA), biometric verification, or official digital certificates to ensure the signer's identity.
3. Ensure document integrity: Use tamper-proof technology to prevent alterations after signing, ensuring the document’s validity in legal disputes.
4. Store signed documents securely: Keep electronic agreements in a secure, encrypted repository to comply with data protection laws and facilitate audits.
5. Understand legal exceptions: Avoid using eSignatures for transactions that legally require wet ink signatures or notarization, such as real estate transfers and wills.
6. Comply with data protection laws: Adhere to Mexico’s Federal Law on the Protection of Personal Data (LFPDPPP) by obtaining consent before processing personal information.
7. Work with trusted eSignature providers: Use legally compliant platforms like Signeasy, which offer audit trails and security measures that align with Mexican regulations.
The information in this guide is intended for general informational purposes only and does not constitute legal advice. Laws regarding eSignatures may vary by jurisdiction and are subject to change. We recommend consulting with qualified legal counsel to determine how these laws apply to your business or organization. Signeasy does not assume responsibility for the accuracy or reliability of this information as it applies to specific cases.
https://mexico.justia.com/federales/codigos/codigo-de-comercio/
https://mexico.justia.com/federales/codigos/codigo-de-comercio/libro-segundo/titulo-segundo/capitulo-i/
https://mexico.justia.com/federales/codigos/codigo-de-comercio/libro-segundo/titulo-segundo/capitulo-ii/
https://www.gob.mx/wikiguias/articulos/ley-de-firma-electronica-avanzada-lfea?state=published