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E-Signature Regulations
Mexico – Monterrey

Does your jurisdiction maintain a list of trusted entities to qualify e-signatures?

The Ministry of Public Administration, the Ministry of Economy and the Tax Administration Service, are considered certifying authorities to issue digital certificates.

Please provide a quick overview of the law, i.e., types of contracts that qualify for use with e-signature.

The advanced e-signature may be used in electronic documents (those documents generated, consulted, modifies or processed by electronic media) and in data messages (information generated, sent, received, filed or communicated through electronic media, which may contain electronic documents). These types of documents will produce the same effects as those presents with an autograph signature and will have the same probative value that the applicable provisions grant to them.

What is the legality of e-signatures in your jurisdiction? Are there key exceptions?

The advanced electronic signature must comply with some principles such as functional equivalence, authenticity, integrity, technological neutrality, non-repudiation and confidentiality. In addition, those who can use the advanced electronic signature must have: a valid digital certificate (the data or record message confirming the link between a signer and the private key) issued or approved in terms of the law, and a private key, generated under the persons’ exclusive control.

What is the e-signature law enforceable in your jurisdiction?

Advanced Electronic Signature Law and the Commercial Code

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D & A Morales y Asociados

Mexico

Offices

D & A Morales y Asociados SC, Ignacio L. Vallarta No. 811
Sur, Colonia El Mirador Centro, Monterrey, Mexico 64070
Tel +52 81 8129 9200