Quick facts
Legal recognition of eSignatures in Mexico
Electronic Signatures are fully recognized and legally enforceable in Mexico under the Commercial Code (CĂłdigo 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 ElectrĂłnica 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.
Types of electronic signatures accepted in Mexico
In Mexico, there are two main types of electronic signatures recognized by law:
1. Simple electronic signature (firma electrĂłnica simple - FES)
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:
- Typed name in an email
- Scanned handwritten signature
- Clicking “I accept” on a digital contract
Legal status: Recognized but may require additional evidence in case of disputes.
2. Advanced electronic signature (firma electrĂłnica avanzada - FEA)
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:
- Must be uniquely linked to the signer
- Must allow identity verification
- Must be created using certified digital certificates issued by an accredited authority (e.g., Tax Administration Service (SAT))
Legal status: Carries the same presumption of authenticity as a handwritten signature and is stronger in court.
Requirements for legality of eSignatures in Mexico
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 (CĂłdigo de Comercio) and the Advanced Electronic Signature Law (LFEA).
Limitations and exceptions
In Mexico, eSignatures are not valid for the following documents:
- Real estate transactions: Documents related to property transfers, mortgages, and real estate sales often require wet ink signatures and notarization.
- Wills and inheritance documents: eSignatures are not valid for wills, as they must be signed in person before a notary or other authorized official.
- Marriage documents: Marriage documents require physical signatures and notarization.
- Notarized documents: Any contract or legal document that requires a notary public's certification must be signed in person.
- Certain government filings: Some official documents, such as those related to civil registries, may require physical signatures or notarization.
Industries and use cases of eSignatures in Mexico
Regulatory authority and compliance tips
In Mexico, eSignatures are regulated by the Tax Administration Service (SAT) and the Ministry of Economy (SecretarĂa de EconomĂa). The SAT oversees the issuance of Advanced Electronic Signatures (Firma ElectrĂłnica 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.
Frequently asked questions
Are electronic signatures legally valid in Mexico?
Yes, electronic signatures are legally valid and enforceable in Mexico under the Commercial Code (CĂłdigo de Comercio), Articles 89-109, and the Advanced Electronic Signature Law (Ley de Firma ElectrĂłnica Avanzada - LFEA). These laws recognize eSignatures as equivalent to handwritten signatures, provided they meet authenticity and integrity requirements.
What is the difference between a simple electronic signature (FES) and an advanced electronic signature (FEA)?
A simple electronic signature (FES) includes basic digital acknowledgments, such as a scanned signature, typed name, or email approval. While legally valid, it may require additional evidence in case of disputes. A Firma ElectrĂłnica Avanzada (FEA) or advanced electronic signature, is issued with a digital certificate from an accredited authority, like the Tax Administration Service (SAT). It offers a higher level of security and carries stronger legal presumption.
What documents can be signed electronically in Mexico?
Most commercial and business documents can be signed electronically, including contracts, employment agreements, tax filings, banking forms, NDAs, and supplier agreements. eSignatures are widely used in industries such as finance, real estate, healthcare, government, and eCommerce to streamline operations and reduce paperwork.
Are there any documents that cannot be signed electronically?
Yes, certain legal transactions require wet ink signatures or notarization, making eSignatures inapplicable. These include real estate transactions, wills, marriage agreements, and certain government filings. In cases where notarization is required, an eSignature alone may not be legally sufficient.
How can I ensure my eSignature is legally enforceable in Mexico?
To ensure enforceability, the eSignature must be attributable to the signer, ensure document integrity, and comply with Mexican regulations. Using an advanced electronic signature (FEA) with a certified digital certificate provides the highest level of security and legal recognition. Additionally, businesses should implement audit trails, multi-factor authentication, and tamper-proof technology to strengthen compliance.
Are eSignatures secure in Mexico?
Yes, eSignatures are secure when proper authentication and encryption methods are used. FEA signatures utilize cryptographic technology to prevent document tampering, while compliance with Mexico’s Federal Law on the Protection of Personal Data (LFPDPPP) ensures sensitive information is protected. Organizations should use reputable eSignature providers like Signeasy to guarantee security and compliance.
