The advancement of technology has completely reconfigured the business landscape, demanding that all organizations adapt to secure a strong position in the market. In this context, one of the most prominent technological advancements that spans across all sectors is the electronic signature.
The electronic signature has emerged as a crucial tool for enhancing business productivity, enabling the signing of legally valid contracts online without the need for paper or pen. This digital resource employs authentication methods to replace the handwritten signature on paper, simplifying document validation and ensuring valid consent.
Within the framework of the electronic signature, different modes of digital authentication are distinguished, such as digital certificates, digitalized signatures, biometrics, tokens, passwords, and social media authentication, among others. In Mexico, the regulation of the electronic signature was established in the Commercial Code, which defines both the simple electronic signature and the advanced electronic signature. The simple electronic signature equates its legal validity with the autographic signature, while the refined electronic signature has strict requirements to ensure its security and authenticity.
With a reform to the Commercial Code in 2016, notaries, public brokers, private legal entities, and public institutions were designated certification service providers. These actors are authorized to verify user identities, verify the integrity of data messages, and issue digital time stamps, among other functions.
The terms electronic signature, digital signature, and digitized signature are often confused due to their similarities. However, each has its own definition and utility:
- Electronic Signature: Replaces the handwritten signature with a digitally backed signature supported by electronic evidence.
- Digital Signature: A type of authentication within the electronic signature, it uses digital certificates and public key algorithms to ensure security.
- Digitized Signature: A digital image of a handwritten signature, lacking legal value as it does not represent the original consent.
The electronic signature provides various benefits to businesses, in addition to streamlining processes:
- Increased Productivity and Competitive Advantage.
- Efficiency in Workflow.
- Facilitation of Teleworking.
- Contribution to Corporate Social Responsibility.
- Enhanced Security and Fraud Reduction.
- Progressive Elimination of Paper.
- Greater Mobility and Optimized User Experience.
La Legalidad de la Firma Electrónica en México
The Advanced Electronic Signature Law and the Consumer Protection Law in Mexico support the legal validity of the electronic signature. Data messages are considered valid when they meet certain conditions agreed upon by the parties.
The adoption of the electronic signature in Mexico has witnessed significant growth, with a wide economically active population using this technology for transactions and agreements. Various companies plan to maintain remote work and continue using electronic signatures to expedite transactions. As more companies adopt this technology, its impact on the business world is expected to continue growing.
The electronic signature has altered the way companies carry out transactions and formalize agreements, improving processes and the customer experience. Its legal validity in Mexico solidifies it as a secure and reliable tool for various operations. With its continued increase in adoption, the electronic signature will continue to enhance efficiency and innovation in global businesses.
