No. Although it is true that the SAT is the Certifying Authority that issues the e.firma (previously called FIEL), this does not mean that it has access to the documents that were signed using this certificate. It is not legally or technically possible for the SAT to know the content of the documents that are signed with the e. signature.
Legally it is not possible since one of the principles of the Advanced Electronic Signature, according to the Advanced Electronic Signature Law, it is precisely the confidentiality.
In addition to the above, the General provisions governing the e.signature clearly establish that the use of the private password and security phrase based on which each certificate is issued will remain under strict and absolute responsibility of the owner of the e.signature; likewise, these General Provisions establish that the Advanced Electronic Signature is personal and non-transferable.
At a technical level it is not possible for the SAT to know the content of the documents that are signed with your e.signature as the certificate validation procedure is carried out through a protocol used to obtain the current status of said digital certificate in real time, the protocol named OCSP ensures that the SAT only receives a request for validation of the validity of the signature certificate used, guaranteeing that it is current and has not been revoked. In this request of status, the SAT cannot receive, analyze, decide, or review in any way the content of the signed document.
At DigitaFirma we make sure that no one but you and the signatories you designate have access to the documents within our platform.
According to Mexican legislation, the Electronic Signature produces the same legal effects as a signature autógrafa, which means that the documents signed in DigitaFirma have the same probative value in judgment as if they were autographically signed. Currently there are judicial precedents that endorse the validity of the use of the Electronic Signature in various types of documents, transactions and acts in various fields.
Legally it is not possible since one of the principles of the Advanced Electronic Signature, according to the Advanced Electronic Signature Law , is precisely its confidentiality.
The documents signed in DigitaFirma have the support of a third party named Certification Service Provider (PSC), authorized by the Ministry of Economy (SE) to certify the authenticity and legality of the same, guaranteeing that the legal requirements established in the NOM-151 , which is the Official Mexican Standard applicable to the conservation of electronic documents and other aspects related to the Electronic Signature.
Documents signed in DigitaFirma have important characteristics that strengthen their validity from the legal point of view:
To learn more about the Legal Foundation of Electronic Signature in Mexico,faq.click_aqui.
DigitaFirma can be used on any type of text document with extensions .DOC, .DOCX and .PDF. Any document that needs to be kept electronically with a guarantee of safety and integrity can be protected through a Certificate of Conservation under NOM-151.
Mexican Law is clear about the legality of the Electronic Signature in any type of commercial acts, contracts of a private nature celebrated between individuals and / or between companies, documents related to matters such as labor, tax, as well as contracts with brokerage houses, Fintech operations, among others.
Some examples of documents that can be signed through DigitaFirma are:
It is important to mention that signing a document electronically through DigitaFirma, as happens when said documents are autographically signed, not exempts the signatories from complying with the other requirements and formalities that according to Law are applicable, as it may be that a document must be notarized before a Notary Public, or register in the Public Registry of Property and Commerce.
Likewise, there are certain types of documents that may require additional formalities, such is the case of promissory notes, marriage, divorce, and adoption certificates. In these cases We suggest consulting first with a lawyer, and inviting him to learn more about the Legal Basis for the Electronic Digital Signature in Mexico.
DigitaFirma uses the highest standards in the information security industry and protection of personal data, keeping customer information and signed documents safe from disasters, attacks, and failures in computer, electrical and network equipment communication.
Legally it is not possible since one of the principles of the Advanced Electronic Signature, of according to the Law Advanced Electronic Signature , it is precisely confidentiality.
The extended level of security certificates used by DigitaFirma ensure that all information sent and received by users travels in an encrypted and secure way.
All services required for the operation of DigitaFirma are hosted through Google Cloud Platform , a leading company in information security, whose philosophy of secure infrastructure in the design guarantees data protection through advanced threat detection systems and malicious software. Additionally, DigitaFirma has recovery plans and business continuity in the event of disasters or security threats, which are ready to be executed when necessary.
Learn more about DigitaFirma´s strengths in information security and protection of personal data. Click Here.
Some of the benefits of signing documents with Advanced Electronic Signature, instead of autograph signature are:
Yes, DigitaFirma stores the documents signed by its clients for later consultation, download and / or forward by email. DigitaFirma offers document storage for up to 10 years, from the signing of the same.
This is of special importance, considering that the Commercial Code establishes that merchants must safeguard all documentation supporting their commercial activity for a period of 10 years, said documentation must be available for subsequent consultation, and in the case of electronic documentation, must be kept in accordance to NOM-151. Document storage at DigitaFirma fully complies with all the requirements mentioned.
DigitaFirma can be used through a web browser, at https://app.digitafirma.com , or through a integration between DigitaFirma and your company´s systems (API). The signing process of documents is as follows:
You can create a free account from https://digitafirma.com/registro . You can use our web system to sign documents, or you can use our API if you are a software developer.
Mexican legislation regulates the use of the Electronic Signature in various legal provisions , among which are the following:
To learn more about the information related to the legal basis of DigitaFirma gives click Here.
Any document that requires conservation with electronic support with a guarantee of Security and integrity that can be protected under the guidelines established in the NOM-151. Some documents that can be signed through DigitaFirma are:
Check our Question 4.- What kind of documents can I sign through DigitaFirma? for more information about it.
Yes, DigitaFirma stores the documents signed by its clients for a period of up to 10 years, for subsequent consultation, download and / or forwarding by email.
The documents signed in DigitaFirma will remain stored for at least 10 (Ten) years, from the signature of each one of them.
Yes, the e.signature is an Advanced Electronic Signature that has security mechanisms with adequate regulations controlled by current legislation.
Among other features, the firm offers:
For more details visit our question number 6.- What are the benefits of using the Advanced Electronic Signature ?.
DigitaFirma does not store the private key (.key file) or the private key (password) of the e.signature of its users, thereby maintaining the e.signature at all times under the sole control of the user.
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To learn more, visit our question number 5.- How is my information protected when using DigitaFirma ?.
Signing a document electronically through DigitaFirma does not exempt the signer from meeting the other requirements that are applicable in accordance with the law. The deed of real estate must necessarily be formalized before a Public Notary,so the mere signature of the private documents related to the transfer of a property, will not have legal effect.
This does not mean that the deeds of a property are not valid because they are signed electronically, but for not complying with the formalities required by law, as is the case when a case is notarized before a Public Notary; that is, there are certain acts that, even signed autographically, if they are not formalized before a Public Notary, they will not be legally valid.
In any case, in the case of operations to be carried out with respect to real estate, the best thing is first consult with a Public Notary, and invite him to learn more about the for the Electronic Signature in Mexico.
See our question 4.- What type of documents can I sign through DigitaFirma? for more information about it.
Yes, in the case of civil, commercial, administrative, fiscal and labor lawsuits, there are clear legal provisions in which it is established that signed documents with Electronic Signature are valid evidence admissible in court.
In all cases, the Law establishes that the assessment of the test must attend to your reliability, taking into account aspects such as proving that a document has been kept intact and unaltered from the moment of its signature, a situation that is absoluteley satisfied through the Conservation Certificate in accordance with NOM-151 that is issued regarding each document that is signed through DigitaFirma.
To learn more in detail, visit our Legal Basis section.
Yes, there are various criteria, both jurisprudential (mandatory compliance for Federal Courts) as isolated theses (guiding criteria), approved by the Federal Judiciary Branch, which generally coincide in the validity of the Electronic Signature as valid evidence admissible in court, as well as in recognizing its validity and usefulness in various acts of judicial activity, such as the presentation of briefs, or the practice of notifications, to name a few examples.
This is important, since the existence of judicial criteria that confirm the validity of The use of Electronic Signature implies that the documents signed electronically are valid and opposable before third parties, including, if necessary, through a judicial process.
Some interesting judicial criteria about Electronic Signature in Mexico:
More and more government agencies are implementing various Online procedures, relying on the use of an Electronic Signature. Among the most important, are:
No. It is not legally or technically possible for the SAT or the PSC to know the content of the documents to be signed with the e. signature.
It is not possible that the authority that issues the identity certificates, in this case the SAT or PSC that issues the e. Signature, know the content of the documents that are signed with it. This obeys the principle of confidentiality in accordance with the Advanced Electronics Signature Law.
At a technical level, it is not possible for the SAT to know the content of the documents that sign with your e. signature, since the protocol used ( OCSP ) ensures that the SAT only receives a request to verify the validity of the signature certificate used.
NOM-151 establishes that in the process of requesting a Conservation Certificate, the PSC only receives the electronic fingerprint of the document for which it is required the Constancia.
See our question 1.- Can the SAT see what I sign using the e.signature (previously called FIEL)? for more information about it.
No. DigitaFirma uses the highest standards in the security industry when it comes to information and protection of personal data, maintaining customer information and documents signed under strict confidentiality.
Learn more about the protection of your information by consulting the question 5.- How is my information protected when using DigitaFirma?
At the time of requesting your withdrawal from DigitaFirma, we will put at your disposal a compendium with the documents you have signed on the platform; said compendium will remain available for your download and storage for 30 calendar days counted from the unsubscribe request.
At the moment, you can only sign in DigitaFirma using the e.signature (SAT). However regarding the above, the Commercial Code establishes that the place of issuance of an Electronic Signature will not be taken into account to determine its legal validity.
The foregoing means that according to Mexican legislation, Electronic Signatures created abroad will have the same value as those issued in Mexico, as long as they present an equivalent degree of reliability.
