Legality of electronic signatures in Mexico

Clear up all your legal questions about digital contract signing


Validity of an electronic signature

  • Let’s reflect: what is a signature? Just a scribble on paper?
    No! It is an expression of intent, and any form is valid
  • How do you prove that a person truly expressed their intent?
    Some methods provide greater legal certainty than others. This depends on the legislation and the evidentiary weight in court.

The letter of the law: legislation on electronic signatures

Various Mexican legal statutes recognize electronic signatures, both simple and advanced. However, the advanced version provides greater legal certainty.

The most relevant legislation includes:

• Commercial Code
• Federal Code of Civil Procedure
• Advanced Electronic Signature Law
• Federal Labor Law
• Federal Civil Code and various state codes
• Among others

The moment of truth: digital signatures in Mexican courts

“The judge won’t accept a document with an electronic signature.” False!

Mexican judges—both federal and state—are very familiar with digital signatures for several reasons:
They are required to sign their asset declarations using the FIEL.
Communication with the Council of the Judiciary is conducted via advanced electronic signature.
In many states, they sign rulings using an advanced electronic signature model.

Electronic documents have rules for evidentiary value

These are established in Article 210-A of the Federal Code of Civil Procedure.

Various digital evidence has already been tested in court

There is extensive case law regarding electronic signatures. Additionally, in the specific case of documents signed via Mifiel, our clients' legal teams have achieved excellent results with favorable rulings.

See the experience of some litigating attorneys.