eSignature Legality in Mexico

emSigner Supports Following Use Cases for Standard Electronic Signatures (SES)

• Agreements including sales terms, services terms, software licenses, purchase orders, etc
• Commercial agreement between companies that belong to the same corporate group including non-disclosure agreements, purchase orders, order acknowledgements, other procurement documents, sales agreements, distribution agreements, and service agreements
• Commercial and civil contracts entered by and between individuals, including lease agreements, professional services agreements, distribution agreements, purchase orders and other procurement-related documents and sales agreements (as long as no notarization is required)
• Privacy related documents including privacy notices

Documents in general including letters, memorandums, etc.

• emSigner Works With the Local Trust Service Providers and Supports Following Use Cases For Qualified Electronic Signature (QES)
• Tax returns and other tax documents (mentioned under Tax Laws)
• HR documents such as, employment contracts, privacy notices, non-disclosure agreements, employee invention agreements, benefits paperwork and other new employee onboarding processes except termination notices, commercial agreements between corporate entities including non-disclosure agreements, purchase orders, order acknowledgements, other procurement documents, sales agreements, distribution and service agreements (under Federal Labor Laws)
• Some QES Specific commercial agreements such as between corporate entities, including non-disclosure agreements, purchase orders, order acknowledgements, other procurement documents, sales agreements, distribution agreements, and service agreements (Commercial Code)
• Corporate documents, including assignment of shares, shareholders and board of resolutions documents, appointment and removal of officers and directors, as long as no notarization of the document is required (under Commercial Code)

Financial products agreements, including opening of bank accounts, credits, loans, etc. (under Law for Transparency and Order of Financial Services)

Use Cases That Are Not Supported or Typically Not Appropriate for Electronic Signatures or Digital Transaction Management Using emSigner

• Following are the use cases that are specifically not supported for digital or electronic processes or that includes requirements wherein wet ink or handwritten signatures or formal notarization is required.
• Real estate property transfer contracts and deeds
• Marriage contracts
• Contracts waiving inheritance
• Inheritance sales
• Powers of attorney
• Corporate documents to be registered with the commercial board of registry
• The articles of incorporation of civil and mercantile companies

General Definitions

Simple Electronic Signature (SES)

A Simple Electronic Signature (SES) refers to any electronic data that is logically associated with other electronic data and used by a person to sign. This can include:

• Typing a name at the end of an email,
• Clicking an “I accept” button,
• Pasting a scanned image of a signature, or
• Using a stylus or finger to draw a signature on a touchscreen.

While SES can indicate intent to sign, it lacks advanced identity verification, integrity protection, or security features, making it the least secure type of electronic signature. It is legally valid in many jurisdictions but may not carry strong evidentiary weight without additional context or proof.

Advanced Electronic Signature (AES)

An Advanced Electronic Signature (AES) is a more secure form of electronic signature that must meet the following criteria:

• it is uniquely linked to the signatory
• it is capable of identifying the signatory
• it is created using means that are under the sole control of the signatory, and
• it is linked to the signed data in such a way that any subsequent change in the data is detectable.

AES provides enhanced legal reliability compared to SES and is often supported by multi-factor authentication, encryption, and audit trails.

Qualified Electronic Signature (QES)

A Qualified Electronic Signature (QES) is a type of Advanced Electronic Signature that additionally:

• is created using a qualified signature creation device (such as a secure token or smart card); and
• is backed by a qualified digital certificate issued by a recognized or accredited trust service provider.

QES provides the highest level of trust and legal assurance, and in many jurisdictions (like the EU under eIDAS, India IT Act, etc), it holds the same legal status as a handwritten signature.

Digital Signature

A Digital Signature is a specific technological implementation of an electronic signature that uses asymmetric cryptography. It allows a verifier to:

• confirm that the signature was created using the private key corresponding to the signer’s public key; and
• ensure that the signed message or document has not been altered after signing.

Digital signatures are the underlying cryptographic mechanism used in both AES and QES. They offer strong security guarantees such as authenticity, integrity, and non-repudiation and are often implemented through Public Key Infrastructure (PKI) systems.

External Resources