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The electronic signature

What is a signature?

According to the Royal Spanish Academy, a signature is a feature or set of features that we always carry out in the same way, which characterizes and identifies a person, replacing the name and surname of a person. With this trait we can express the will, as well as give authenticity to a document

 

There are several types of signatures:

I.- Autograph Signature: (Manuscript)

·          Graphology- “Only I can”.

·          They can’t steal it, I can’t lose it, but they can fake it. It is definitive.

·          What I see is what I sign.

II.- Electronic Signature: It is a username and password.

·          Exchange of keys and passwords.

·          Only among those who shared it.

·          If they can steal it and I can lose it.

III.-Advanced Electronic Signature: Security Key

·          Key- “Only I know”.

·          Device- “Only I have”.

·          If they can steal it from me and I can lose it. It’s temporary.

·          Biometrics- “Only I can”.

Now what is an electronic signature?

An electronic signature is a set of electronic data that is added to an electronic document and is linked to a signatory. In Mexico, the Electronic Signature has the same legal effects as an autograph signature, (Art.89 of the Commercial Code).

However, there are two types of Electronic Signature:

1.- Simple Electronic Signature:

1.1.- Handwritten signature on a mobile device.

1.2.- Signature derived from the exchange of keys and passwords.

2.- Advanced or Reliable Electronic Signature:

The Electronic Signature can be Advanced or Reliable if it meets at least the following requirements:

I. The Signature Creation Data, in the context in which they are used, correspond exclusively to the Signer;

II. The Signature Creation Data was, at the time of signing, under the exclusive control of the Signer;

III. It is possible to detect any alteration of the Electronic Signature made after the moment of signature, and

IV. Regarding the integrity of the information of a Data Message, it is possible to detect any alteration of it made after the moment of signature.

What are some platforms where you can sign electronically?

One of the most used companies are Adobe Sign or Docusign.

What are the documents or contracts that can be signed electronically?

Labor Contracts, Promissory Notes, Lease Agreement, etc.

What are the documents or contracts that cannot be signed electronically?

The electronic signature cannot be used and is not valid when they are documents that require a Notary Public or matters that require a solemnity.

In which countries is the electronic signature valid?

Currently in 144 countries of the world they can sign electronically, in countries such as the United States, Canada, Mexico, countries of the European Union, etc.

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