Electronic Signature Legality in Mexico
Electronic signatures are fully valid for commercial contracts in Mexico under the Código de Comercio. SigPDF creates compliant electronic signatures entirely in your browser — your documents never leave your device.
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Legal Framework for Electronic Signatures in Mexico
Mexico recognizes electronic signatures through a well-established legal framework rooted in the Código de Comercio, reformed in 2003 to incorporate e-commerce provisions based on UNCITRAL model law principles. Electronic documents have the same legal validity as paper documents for most commercial purposes.
Key Legislation
- Código de Comercio (Articles 89–114) — establishes the validity of electronic contracts and data messages
- NOM-151-SCFI-2016 — standard for conservation of electronic data messages
- Ley de Firma Electrónica Avanzada (LFEA) — governs advanced e-signatures for government use
- Código Civil Federal — applies the principle that contracts are valid in any form agreed by the parties
Documents you can sign electronically in Mexico
- Commercial service agreements and contracts
- Non-disclosure agreements (NDAs)
- Employment contracts (subject to labor law requirements)
- Purchase orders and invoices
- Freelance and consulting agreements
- Partnership and collaboration agreements
Documents requiring special form or FEA
- Real estate transactions (require notarization)
- SAT tax filings and government submissions (require FEA)
- Corporate formation documents (require public deed)
- Documents requiring inscription in public registries
Frequently Asked Questions
Are electronic signatures legal in Mexico?
Yes. Electronic signatures are legally recognized in Mexico primarily through the Código de Comercio (Articles 89–114), which was reformed in 2003 to incorporate e-commerce and electronic signature provisions. Mexico also follows UNCITRAL model law principles, ensuring broad recognition of electronic documents and signatures.
What legal framework governs electronic signatures in Mexico?
The primary legal framework includes: the Código de Comercio (Articles 89–114) for commercial transactions; the NOM-151-SCFI-2016 standard for electronic message conservation; the Código Civil Federal for civil contracts; and the Ley de Firma Electrónica Avanzada (LFEA) for advanced electronic signatures used with government entities.
What types of electronic signatures are recognized in Mexico?
Mexican law distinguishes between the Firma Electrónica Simple (basic electronic signature) and the Firma Electrónica Avanzada (FEA) — an advanced electronic signature backed by a digital certificate issued by an authorized certifying authority (PSC). SigPDF creates simple electronic signatures suitable for commercial contracts.
Is a SigPDF signature valid for Mexican commercial contracts?
Yes. For most commercial contracts between private parties — service agreements, NDAs, purchase orders, freelance contracts — a simple electronic signature created with SigPDF is valid under the Código de Comercio, as long as both parties consent to using electronic means.
Which documents require a Firma Electrónica Avanzada in Mexico?
The FEA (advanced electronic signature with a government-issued certificate) is required for transactions with government entities (SAT tax filings, IMSS, public registries), notarized documents, real estate transfers, and other acts requiring a public deed. For standard commercial contracts between private parties, simple electronic signatures are sufficient.
Does SigPDF upload my documents to any server in Mexico?
No. SigPDF processes your documents entirely in your browser — your files never leave your device. This is particularly valuable for contracts containing personal data, as it simplifies compliance with the Ley Federal de Protección de Datos Personales en Posesión de los Particulares (LFPDPPP).
How does NOM-151 relate to electronic signatures in Mexico?
NOM-151-SCFI-2016 establishes requirements for the conservation of electronic data messages and digital documents. It is primarily relevant for document archiving and long-term storage by businesses. For signing contracts, the Código de Comercio provisions are the primary reference.