FAD® provides total legal certainty for contracts
FAD® guarantees a secure implementation according to:
Legally the Digital Signature process is valid because it uses a series of preventive and legal elements such as: a digital signature and its trace of formation, a voice and video trace with its respective original as evidence, incorporates a Certificate of Conservation issued by an accredited Certification Service Provider, and the connection with the device used in the process, making an Audit Trail(fingerprint), hich could be of great value before the judge point of view as an irrefutable set of evidence.
– Federal Code of Civil Procedures
– Federal Civil Code
– Commercial Code
– Federal Code of Criminal Procedures
– Federal Law for Protection of the Consumer
– NOM 151 SCFI-2016
– Federal Labor Law
– General Provisions regarding operations of retirement savings systems
– Sole Circular of Insurance and Bonds
– Unique Circular of Brokerage Houses
– Single Bank Circular
– Single Circular of Operations CONSAR
– Federal Law of Personal Data Protection in possession of third parties
The various reforms and additions to our civil and commercial regulatory framework from the 2000 year to today’s date have formed the necessary basis for the improvement of a new way of recognizing the celebration of legal acts through new technologies.
The documents to be cited that have had modifications are: Federal Law of Administrative Procedure, Federal Civil Code (CCF), Federal Code of Civil Procedures (CFPC), Commercial Code (CdC), Federal Law of Consumer Protection, among others.
As a summary, the most relevant changes and definitions are mentioned below for the purposes of the Digital Signature Autograph® in commercial operations:
The documents generated and signed by electronic media communication produce the same effects that the laws grant to the hand signed paper documents and, consequently, have the same probative value.
Recognition of “technological media” (electronic, optical or any other technology), as an ideal way to express consent (CCF).
Establishment of a functional equivalence between the consent expressed by technological means and the autograph signature when the information generated or communicated in an integral way, through such means is attributable to the obligated persons and accessible for further consultation. This equivalence is given, regardless of the type of documents, mechanisms and means used. (CCF)
The information contained in the technological media is recognized as proof. (CFPC)
The rules for its evaluation by the judge are: (1) The reliability of the method to generate, communicate, receive or archive the information (it must be proven that said information has remained intact and unchanged from the moment it was first generated in its definitive form), (2) its attribution to the obligated persons and (3) the possibility to acced to it in further consultations. (CFPC)
Specific provision that acts of commerce celebrated by electronic means are understood as perfected since the acceptance of the proposal is received or the conditions under which it’s modified (CdC).
Definition of the concept “Data Message” as the information generated, sent, received or archived through electronic, optical or any other technology. (CdC)
Persistence of the traders obligation to keep a minimum of 10 years in data messages or any other documents that establish agreements or commitments that give birth to rights and obligations, maintaining the content intact and unchanged from the moment in which it was generated and accessible for further consultations.
Issuance of the Official Mexican Standard that establishes the requirements that must be observed for the conservation of data messages.
Recognition of the use of electronic media in the instrumentation of operations that celebrate the suppliers with the consumers, giving the bases on which said operations will have to be done: confidentiality, certainty, security in the information provided to the consumer, etc. foreseeing sanctions for non-compliance with these provisions.
From de above it is necessary to make the following considerations so that a data message in which contracts or commitments are consigned, can be considered legally valid, it is necessary to ensure that the information contained gather the following characteristics:
It means that the content can be available to the user (issuer, judge, auditor, authorities, etc.) for further consultation.
Understood in two aspects, (1) regarding the reliability of the method to generate the information of the signed document, communicate it, receive it or archive it. (2) As the way to guarantee that the information contained was not altered (NOM 151)
It is the way in which we can guarantee that the parties that bind themselves in the legal relationship those are who claim to be and express their will free of vices.
This attribution to the obliged persons in the legal relationship that is intended to be formalized in a data message, is nothing more than an electronic signature that can be formed using means of identification or through an information system programmed by the issuer or on its behalf. It operates automatically (such as an email account).
Important – The physical means from which the content of a data message is placed at the disposal to the user could be different from the one in which it was created, since the integrity of the data message must be guaranteed, not the physical medium that contains it.
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