Is the electronic signature legal on digital documents?

The electronic signature is an increasingly used tool worldwide for carrying out procedures and transactions online. In Mexico, the electronic signature is regulated by the Advanced Electronic Signature Law (LFEA) and its Regulations. In the following blog, we show you the legal validity of the electronic signature in legal documents and also introduce you to an Employee File platform that allows you to carry out these processes easily, quickly, and securely.

The LFEA establishes that the electronic signature has the same legal validity as a handwritten signature on written documents, provided that a digital certificate issued by a Certifying Authority (CA) authorized by the Federal Government is used. An advanced electronic signature is one that is executed with a digital certificate that complies with the security and reliability requirements established by the LFEA.

Furthermore, this law also establishes the requirements that must be met by certification service providers (PSC) that issue digital certificates, as well as the certifying authorities that accredit them. These requirements include security and confidentiality measures to guarantee the authenticity and integrity of electronic signatures.

It is important to mention that there are certain documents that cannot be signed electronically, such as those that must be notarized or that contain special provisions in their applicable legislation. 

At Sora, we have created a digital File platform that not only allows you to sign all your labor documents electronically, but also helps you to digitalize and automate your labor processes. Now then, is it legal?

Sora's electronic signature is backed by the European system stipulated by the United Nations Commission on International Trade Law (UNCITRAL). In 2000, the UN released two laws regarding the electronic signature and its legal validity in all countries that adopted this system.

From then on, Mexican laws underwent reforms that included the presence of the electronic signature and also established its characteristics and scope, as well as the elements necessary for its existence.

What are the legal bases of Sora?

• UNCITRAL

The Model Law on Electronic Signatures laid the groundwork on the subject internationally. Its objective is to enable and facilitate the use of electronic signatures by establishing technical reliability criteria for the equivalence between electronic and handwritten signatures.

• Advanced Electronic Signature Law (LFEA)

This Law is of public order and interest, and its purpose is to regulate: 

1. The use of the advanced electronic signature in the acts provided for in this Law and the issuance of digital certificates to individuals; 

2. The services related to the advanced electronic signature, and 

III. The homologation of the advanced electronic signature with the advanced electronic signatures regulated by other legal frameworks, under the terms established in this Law.

• Code of Commerce

It is in charge of regulating the rules and precepts in the commercial field. In its article 89, it defines what an electronic signature is, as well as all the elements present in it, and in article 97, it mentions four sections that an electronic signature must contain to be elevated to the quality of reliable or advanced.

NOM 151 

Within the Code of Commerce is also NOM 151, which is the document that dictates the characteristics that data message preservation records must have when signing electronic documents.

• Federal Labor Law

This law is responsible for regulating the laws corresponding to the labor field in Mexico. Article 776 talks about the validity of the electronic signature, stating: "All means of proof that are not contrary to morality and law are admissible in the process, and especially the following: [...] Photographs, motion pictures, fingerprint records, audio and video recordings, or different information and communication technologies, such as computer systems, optical electronic media, fax, email, digital documents, electronic signatures or passwords and, in general, the means provided by scientific discoveries."

• Federal Tax Code

It gives national validity to the electronic signature: "When tax provisions require the presentation of documents, these must be digital and contain an advanced electronic signature of the author, which must contain a certificate."

Now then, how can this be achieved?

The platform allows you to:

• Create documents to send in bulk

• Upload PDFs and send them in bulk

• Digitally organize your employees' documents

• Increase the percentage of signatures with the Sora lock

• Request signatures from the legal representative or other signers of the company

• Grant different levels of permissions to administrators

Are you ready to start using it?