Is an electronic signature legal in Mexico? Docusign clarifies the law

In Mexico, electronic signatures have been legally recognized since 2003, dispelling the myth that their validity emerged only with the widespread adoption during the COVID-19 pandemic. Legal specialists emphasize that contracts signed digitally possess the same legal standing as those signed with pen and paper, provided they adhere to established legislative criteria.

Jorge Valencia Ostos, a Legal Specialist at Docusign Mexico, highlighted that a primary hurdle is cultural, as many still believe a document is only valid with a handwritten signature. "The clash is often cultural. It wasn't until the pandemic that we really began to question and adopt this method," he explained during a media briefing.

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The clash is often cultural. It wasn't until the pandemic that we really began to question and adopt this method.

Valencia clarified that the Federal Civil Code establishes that a contract is formed upon the agreement of wills regarding a specific object, not necessarily upon the signing of a physical document. He used the example of a typical retail purchase: the act of acquiring, paying for, and receiving a product constitutes a contract, even without a signed document. "The law does not say that a contract exists by object and signature; it says object and consent," he noted, adding that consent can be expressed verbally, in writing, or electronically.

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The law does not say that a contract exists by object and signature; it says object and consent.

Mexico's legal framework for electronic signatures is based on model laws developed by the United Nations Commission on International Trade Law (UNCITRAL). These principles were incorporated into the Mexican Commercial Code, which has recognized the validity of electronic signatures for over two decades. "The electronic signature produces the same legal effects as a handwritten signature," Valencia stressed.

Another common error is the belief that an electronic signature must closely resemble a physical signature, such as one found on an ID card or passport. Valencia clarified that the law does not mandate such similarity. The crucial aspect is that the technology employed must reliably identify the signatory and confirm their approval of the electronic document's content, as stipulated in Article 89 of the Commercial Code. While Mexico's SAT e.signature is well-known, it is not the sole option for legal transactions; platforms like Docusign IAM also facilitate signing using the e.signature.

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The electronic signature produces the same legal effects as a handwritten signature.