As businesses continue to digitize their operations, electronic signatures (eSignatures) have become essential for streamlining document processing and ensuring legal compliance. In Mexico, electronic signatures are legally recognized under the Federal Commerce Code (Código de Comercio) and the Federal Civil Code (Código Civil Federal). While there are two types of electronic signatures—Firma Electrónica Simple (FES) and Firma Electrónica Avanzada (FEA/e.firma)—this article focuses on FES, its legal validity, evidentiary strength, and how platforms like elDoc support compliance and secure digital signing.
Legal Validity of Firma Electrónica Simple (FES) in Mexico
FES is legally recognized in Mexico under the Federal Commerce Code and the Federal Civil Code. It is valid for most private contracts, business agreements, and digital transactions, provided that it can reliably identify the signer and confirm their intent to sign. Unlike Firma Electrónica Avanzada (FEA/e.firma), which requires certification from the Tax Administration Service (SAT – Servicio de Administración Tributaria), FES does not require cryptographic certification but must meet authentication and integrity requirements to be enforceable.
Evidentiary Strength of FES
While FES is legally valid, businesses should implement strong authentication measures and secure document management practices to enhance its enforceability.
- Authentication measures (e.g., email verification, SMS codes, biometric validation)
- Document integrity protection (e.g., timestamps, encryption, audit logs)
- Non-repudiation evidence (e.g., IP tracking, digital confirmation receipts)
Documents That Can Be Signed with elDoc eSignature FES
FES can be used for signing various legally valid documents, including:
- Commercial agreements: Service contracts, NDAs, supplier agreements, employment contracts
- Corporate documents: Meeting minutes, board resolutions, employee policy acknowledgments
- Business transactions: Purchase orders, sales agreements, payment agreements
- Financial agreements: Loan applications, banking terms acceptance (where permitted)
- Real estate & rental contracts: Lease agreements (unless notarization is required)
- E-commerce & online transactions: Digital terms acceptance, subscription agreements
How elDoc Ensures Compliance and Security
To strengthen the legal enforceability of FES, elDoc provides:
- Multi-factor authentication (MFA) with OTP (One-Time Password) reinforcement via email
- Secure document integrity protection, including timestamps and audit logs
- Non-repudiation mechanisms, such as IP tracking and digital confirmation receipts
As digital transformation accelerates, adopting an eSignature solution that aligns with legal requirements is crucial for businesses in Mexico. Firma Electrónica Simple (FES) offers a valid and efficient way to execute contracts and agreements, provided that appropriate security and authentication measures are in place. elDoc provides businesses with a secure and structured eSignature platform, helping to enhance document management efficiency while supporting compliance with Mexican regulations for FES.
DISCLAIMER: The information on this website is for general informational purposes only and should not be considered legal advice. Laws and regulations may change over time, and the accuracy or completeness of the content cannot be guaranteed. For specific legal concerns, consulting a qualified professional is recommended.
About elDoc:
elDoc – Document Excellence Platform is a complete suite designed to address your document processing challenges with exceptional scalability and flexibility. It empowers businesses to achieve true document excellence with eSignatures, Document Workflow Automation, Secure File Management, and AI Document Processing – all seamlessly integrated into a single platform. elDoc offers businesses a reliable and secure eSignature solution, streamlining document management while aligning with Mexican FES regulations for enhanced efficiency and compliance.
elDoc is available as both a SaaS and on-premise deployment, offering flexibility to meet diverse business needs. The SaaS model provides seamless access, scalability, and automatic updates, ideal for small to mid-sized companies. The on-premise option ensures full control over data, security, and compliance, making it suitable for enterprises with specific regulatory or IT requirements.