Once we have established what is the legality of the electronic signature of Leypal in Europe and Colombia, it is time to establish what is the legal framework of the electronic signature in Mexico, and define how it is a tool that benefits the current business landscape.
To begin, it is important to highlight that technology is a tool that facilitates the activities of people, and in the business environment, where SMEs (small and medium enterprises) represent 95% of businesses in Mexico, it is where it is potentialized. This is because the purpose of technology is to provide companies with efficiency, effectiveness and profitability in the provision of their services or sale of products.
Overview of the business ecosystem
Currently in Mexico, as established by the Forbes article that talks about the ecommerce landscape in Mexico, commercial and financial operations are being increased through ICTs, (Information and Communication Technologies). The data is what best tells us about the current landscape; while, in 2017, only 7% of consumers resorted to e-commerce (internet commerce, a reference of ICTs) on a weekly basis, during 2018, that figure rose to 38%, so the forecasted trend growth by 2020, will continue under the same logic and can reach 58% of commercial transactions.
In other words, we can say that more than half of commercial transactions are carried out remotely and use technology as a means to achieve this. Consumers and suppliers are no longer having physical contact, since they do not reside in the same city. The same dynamic is affecting the contracting methods, which are being updated with this dynamism of operating remotely, quickly and efficiently, but must have legal certainty. It is vital that distance contracting, or electronic contracts, use the appropriate tools, being this the quality where Leypal with its electronic signature in Mexico, can provide the ecosystem with agility, legal security, cost savings, and above all, dynamism as the same current scenario requests.
What is the purpose of a contract?
Uniting the definitions that we can find in the Federal Civil Code, and the Commercial Code, we can establish that a contract is an agreement of wills that creates and transmits rights and obligations between the contracting parties, and in an agreement it simply becomes broader because these agreements may be modified or terminated. Basically, it is intended for the parties to agree on their commitments and the penalties in case of failure to comply with them.
What is required for the existence and validity of a contract?
As a general rule, the legislation establishes two aspects:
- Legality of the object to be contracted.
Why could the contract be invalid?
The legislation indicates that contracts could be invalid for the following reasons:
- Due to legal incapacity of the parties or one of them;
- por consent defects;
- because its object, or its motive or purpose is illegal;
- because the consent has not been expressed in the manner established by law.
What is consent in legal terms?
The explicit consent is the most ordinary, at it is when the will is expressed verbally, in writing, by electronic, optical means or by any other technology, or by unambiguous signs.
Commercially speaking, consent refers to the acceptance of the parties in relation to the contract.
What is an autograph signature?
According to the aforementioned regulations is the manifestation of consent and will expressed by unequivocal signs.
What is an electronic signature?
In accordance with the aforementioned regulations it is the expression of consent and will expressed by electronic means.
The electronic signature in Mexico as evidence at trial
The Commercial Code in its article 89 refers to the electronic signature as follows:
“The data in electronic form consigned in a Data Message, or attached or logically associated to it by any technology, that are used to identify the Signatory in relation to the Data Message and indicate that the Signatory approves the information contained in the Message of Data, and that produces the same legal effects as the autograph signature, being admissible as evidence in trial ”.
Therefore, in any legal dispute between the parties for breach of a contract and to make the clauses valid in a trial, the law contemplates that the electronic signature will be admissible in Mexico, and produces the same legal effects as the autograph signature. In order for this effect to arise, it is necessary that the electronic data used to identify the signer be reliable, in order to make the electronic signature in Mexico legally validated.
However, in civil jurisdiction as referred to above, Articles Ar 1083 of the Federal Civil Code and 1271 of the Civil Code of Jalisco, also provides legal life to the electronically given consent by the parties
In turn, to reinforce the above, the legislation recognizes as evidence the information generated or communicated that is recorded in electronic, optical or any other technology.
Technological process and cryptographic evidence for the legal validity of Leypal’s electronic signature
Based on the foregoing, the legal validity of using the electronic signature in Mexico to sign contracts cannot be denied, if, in addition, the signature can be attributed to the parties. This fact is basic to guarantee the use of the electronic signature in judicial proceedings, as stated in article 210-A of the Federal Code of Civil Procedures:
“The information generated or communicated that is recorded in electronic, optical or any other technology is recognized as evidence. In order to assess the burden of proof of the information referred to in the preceding paragraph, it shall primarily be considered the reliability of the method in which it has been generated, communicated, received or archived and, where appropriate, if it is possible to attribute to the obligated persons the content of the relative information and be accessible for further consultation ”.
The electronic signature of Leypal meets these requirements since it is a reliable method, that allows to attribute to the people who were parties to a contract, since the signature can only be associated with a single signer. The practical process of using Leypal to electronically sign the documents of interest is extremely simple, however, it has all the biometric and cryptographic evidence required to give full legal validity. In the process of using the Leypal platform, from the moment the contract is sent between the parties, then to the biometric signing of the document, as well as the trajectory and trace of the IP (internet protocol) that the process leaves, it is stored in a series of cryptographic data records. These evidences become an integral part and as an annex (certifying document) of the signed document and thus grant it the validity that the document requires for its legal acceptance, in accordance with the Mexican regulatory framework.
In Leypal, we offer you the simple and advanced electronic signature with the maximum legal guarantees. Our commitment is to help digitize the contractual processes and optimize the signature processes, which is why we help you choose which signature you need, either because of its legality, or because you need a higher conversion rate. Get in touch with us, and start using our electronic signature in Mexico.