In the context of the digital revolution that has significantly impacted the legal and business sectors, the electronic signature has become a key tool for the formalization of all types of legal acts. Thanks to platforms like DocuSign, Adobe Sign, Weetrust, among others, both individuals and legal entities can enter into agreements quickly, efficiently, and securely, without relying on traditional mechanisms like handwritten signatures.
Despite its increasing use and implementation in Mexican regulations, important questions remain regarding the legal validity of electronic signatures and their evidentiary value before authorities.
What is an electronic signature and how does it work?
An electronic signature is a set of electronic data integrated into an encrypted code that allows the identification of the signer and links their consent to the content of a document. Many electronic signature platforms use encryption and authentication mechanisms to ensure both the identity of the signer and the integrity of the signed document, preventing any later modification. These features are mainly present in advanced electronic signatures, which will be explained below.
Mexican law mainly recognizes two types of electronic signatures:
- Simple electronic signature: Any expression of will made through electronic means.
- Advanced electronic signature: Uniquely linked to the signer through a set of exclusive data, allowing the signer to be identified at the time of signing and ensuring that the document has not been altered since. This type is commonly used in official government procedures, such as the e.firma issued by the Tax Administration Service (SAT), but it can also be used in private transactions.
Legal validity of electronic signatures
Article 89 Bis of the Commercial Code recognizes the legal validity of electronic signatures, as long as they meet the requirements set forth in the law. Similarly, Article 7 of the Advanced Electronic Signature Law establishes that the advanced electronic signature, when it complies with the legal conditions, has the same legal effects as a handwritten signature and is valid as evidence.
This distinction is important: although a simple electronic signature can be used for various types of transactions and has legal validity, only the advanced electronic signature carries the same legal effects as a handwritten one. This is mainly due to the identification standards that define the advanced electronic signature.
Main applications of the electronic signature
The use of electronic signatures has expanded significantly across both public and private sectors. Key applications include:
- Signing civil, commercial, and labor contracts.
- Filing tax declarations and completing procedures with tax authorities.
- Issuing official documents, such as professional licenses.
- Sending electronic notifications and communications between companies.
In all its forms, the electronic signature has become an essential tool for ensuring legal certainty in digital environments. When effectively implemented, it streamlines signing processes, reduces costs, and provides confidence in the authenticity of signed documents. For this reason, it is essential for both companies and individuals to become familiar with these technologies in order to modernize their operations and adapt to an ever-evolving legal and commercial landscape.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
