With regard to their legal validity, according to Article 89 bis of the Commercial Code, legal effects, validity or binding force cannot be disputed, even if they are presented in a data message. In other words, in addition to being presented in digital form, its validity is absolute. As part of understanding the laws regarding electronic signatures, it is important to consider the technologies and devices that will be integrated into the company`s processes. Indeed, they must comply with the applicable legislation. Once a policy for electronic signatures has been created, internal processes must be put in place. Next, we`re going to show you some of the ones you can implement through the electronic signature. Article 1834.- If the written form is required for the contract, the relevant documents must be signed by all persons to whom this obligation is imposed. After the signing process is complete, the security seal is performed using the Public Key Infrastructure (PKI). This technology is an industry standard that states that the signature is valid and that the document has not been tampered with since it was signed. There are 6 questions that must be included in the Best Practices Manual to ensure the validity and use of the electronic signature. Those that are more detailed may include certain data about each signer in the document, such as: the disclosure by the consumer that the signer has agreed to use this medium to give consent, the image of the signature, the timestamps of the key event and the IP address, among other identifying information. An e-signature provider must ensure compliance with applicable industry rules, regulations and standards for digital transactions and FE technology, including: In summary, simple electronic signatures and advanced electronic signatures provide greater security for any transaction involving electronically signed documents.
In addition to the e-mail address, which is intended exclusively for the use of the signatory and to which only he has access with his username and password, there are other elements such as unique access codes received by phone call or SMS and the validation of official documents. An example is the Commercial Code of 1889, which regulated telegraphic transactions, or the Civil Code of 1928, which allowed transactions to be carried out by telephone. Similarly, there are various legal regulations in Mexico that recognize and authorize the use of electronic signatures, such as NOM-151. Electronic signatures consist of two keys, one private and one public. When examining the documents sent, that is, when authenticating the sender, he can use his public key to decrypt the information contained in the electronic document. With the advent of the digital revolution, the electronic signature has gone from a luxury to a necessity in organizations. See your competitors one step ahead! In addition to the court-approved proof of the transaction, the electronic signature has several levels of security and authentication. We will now focus on cases where e-signature regulations could affect a company`s operations and why the company`s directors and administrators should be made aware of this when adopting the electronic signature in their transactions.
However, the signature and its validity have been a recurring theme in our history, as ensuring the identity of a signatory has been a general concern. The acceptance of the electronic signature has gained ground because of the different forms it has taken. Electronic contracts and signatures in Mexico – legally recognized and properly enforced – have the same value as handwritten signatures when it comes to digitally recorded data. That said, if you get it right, this process can help you streamline procedures both in government agencies and when signing contracts. Knowledge of the company`s internal processes is the ideal way to determine the need to introduce the electronic signature. You must consider applicable regulations and risks to ensure the effectiveness and validity of your transactions. On the other hand, it is also specified that the advanced electronic signature in an electronic document or, where appropriate, in a data message makes it possible to guarantee the identity of a taxable person and the integrity of the electronic document. The truth is that autograph signatures are more likely to be plagiarized and falsified, while electronic signatures have many layers of security, built-in levels of access and authentication, as well as proof of transaction authorized in court. There is no excuse not to integrate the electronic signature into your business! Therefore, we would like to give you the opportunity to get in touch with us to clarify all your doubts.
Write to us and participate in the digital transformation! The internal processes of companies and organizations, both public and private, must be continuous and coordinated. This is where the need to introduce electronic signatures arises. Modern electronic signatures offer more convenience, savings and mobility for different types of contracts: the legislation applicable to electronic signatures is clear in many countries and has been for some time, and the introduction of electronic signatures has increased in recent years. This is a safe and legally binding solution in most cases, although there is still some confusion in the market as to legality. Next, we will look at some important facts about electronic signature and provide you with resources where you can get more information about the legality of electronic signature in Mexico, we also find the official Mexican standard 151 or “NOM 151”, which on the one hand defines the mandatory compliance requirements for the preservation of data messages when signing digital documents. and on the other hand, the factors necessary for the digitization of physical documents. For example, in ancient Rome, it was considered a handwritten signature on a document. In the Middle Ages, personal stamps and family stamps were used to express that they agreed with the content of the document in question. Currently, the autograph signature is nothing more than a trait with which a person accepts the content of a document. In Mexico©, laws and reforms based on electronic signatures were adopted following the publication of a model law by the United Nations Commission on International Trade Law (UNCITRAL). As you can see, the Commercial Code also contains certain provisions on electronic signatures; which gives clients and applicants the certainty that the electronic signature is valid and binding.
In addition, there are additional requirements that are often used to ensure the validity and applicability of the electronic signature, the electronic protocol serves as an audit trail and proof of the transaction. This is an abysmal difference from the autograph signature that there is no larger record than a duplicate of the signed agreement. In fact, in Mexico, electronic signatures are accepted by various legal systems at the federal and state levels. In particular, there are two types of signatures in the provisions of our legislation, which are recognized and described below: that is, the introduction of technological solutions for explicit consent was already recognized by law 20 years ago! If, in addition, the law requires the signature of the parties, this requirement will be deemed fulfilled in the case of Data Message, provided that©this is attributable to these parties. This suggests that there is a legal framework for electronic signatures in Mexico. In the following, we will describe this legislation to determine in what context the electronic signature can be used. If an advanced electronic signature is used to celebrate digital documents, the autograph signature is not required, as the e-business can replace it with the same validity. Similarly, all information stored electronically at the administrative level in the company has the same validity and regulations as the physical documentation. As already mentioned, this tool is valid in Mexico, but electronic signatures are also reliable in many countries. These are elements to verify the identity of the signatory.
In addition to the email address, there are factors such as unique access codes received by call or SMS and validation of official documents. Article 89.- . The activities governed by this Title shall, in their interpretation and application, be subject to the principles of technological neutrality, autonomy of will, international compatibility and functional equivalence of the data message in relation to the information documented in non-electronic media and of the electronic signature in relation to the autograph signature. The SAT defines the advanced electronic signature as the group of data that authentically identifies who the signer is, which has been generated by digital means to promote the integrity of the information it contains.