Updated September 24, 2026
Is an electronic signature legal in Mexico?
Short answer: Yes. Mexico's Código de Comercio states that information cannot be denied legal effect, validity or binding force solely because it is in a data message, and that a signature requirement is met by an electronic signature appropriate for the purpose.
The laws
Código de Comercio, Title II (electronic commerce, from art. 89)
Applies throughout Mexico in commercial matters and is based on technological neutrality and functional equivalence. Article 89 bis gives data messages legal effect and evidential value, Article 93 covers writing and signature requirements, and Article 97 defines when an electronic signature is advanced or reliable.
Ley de Firma Electrónica Avanzada (DOF 11 January 2012)
Governs the advanced electronic signature (FEA) in acts with the federal public administration. Under Article 7, documents with an FEA have the same effect and evidential value as those with a handwritten signature. Under Article 4 it does not apply to tax, customs and financial matters, and commercial acts follow the Código de Comercio.
Signatures in commercial transactions
Article 97 of the Código de Comercio says that where the law requires or the parties agree on a signature for a data message, the requirement is met by an electronic signature appropriate for the purpose for which the message was generated or communicated.
Article 93 adds that where the law requires the parties' signature, that requirement is satisfied for a data message as long as it can be attributed to them.
Advanced or reliable electronic signature
Under Article 97, a signature is advanced or reliable if the signature creation data belongs exclusively to the signer, was under the signer's exclusive control at signing, and any change to the signature or to the data message after signing is detectable. Anyone can still prove reliability, or unreliability, by other means.
Evidence
Article 1205 lists data messages among admissible evidence, and Article 1298-A says that to weigh a data message the court will mainly consider the reliability of the method used to generate, store, communicate or keep it. An audit trail and document hash go directly to that question.
Notarised acts and government dealings
Where the law requires an act to be executed before a notary (fedatario público), Article 93 lets the parties express the terms via data messages, but the notary's formalities still apply. Dealings with the federal public administration use the advanced electronic signature (FEA) under the Ley de Firma Electrónica Avanzada.
eSignSimple provides simple electronic signatures with an audit trail that records timestamps, IP addresses and a document hash. It does not issue qualified, advanced or certificate-based signatures, so where a law requires one of those you will need a licensed or accredited provider.
This page is general information about how electronic signature law works, not legal advice. For a specific high-value or regulated transaction, check with a qualified lawyer in the relevant jurisdiction.
Documents that need more than a simple e-signature
- Acts that must be executed before a notary (fedatario público) under the applicable law
- Acts with the federal public administration that require an advanced electronic signature (FEA)
- Documents where a specific law requires a particular signature form
Official sources
- Código de Comercio (Cámara de Diputados text, via gob.mx)
- Ley de Firma Electrónica Avanzada (Cámara de Diputados text, via IMPI)
This guide is general information, not legal advice. Laws change and details depend on your situation; consult a qualified lawyer in Mexico for specific transactions.
Frequently asked questions
Is a simple e-signature valid for commercial contracts in Mexico?
Yes, if it is appropriate for the purpose and can be attributed to the signer (Código de Comercio arts. 93 and 97).
What is the FEA law for?
The Ley de Firma Electrónica Avanzada governs the advanced electronic signature in acts with the federal public administration and gives FEA-signed documents the same effect as handwritten ones in those dealings.
How do Mexican courts weigh electronic documents?
Article 1298-A of the Código de Comercio says the court mainly considers the reliability of the method used to create and keep the data message.
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