Electronic Signatures

KNOW THE RELEVANCE OF ELECTRONIC SIGNATURES.

Electronic signatures are defined as data generated through information technologies in a data message containing information; this signature is used to identify the sender of the message and INDICATES THAT THE SIGNATORY APPROVES THE INFORMATION CONTAINED IN THE MESSAGE; thus it produces the same legal effects of the signature.

There are different types of electronic signatures, depending on their technical guarantees and the requirements they meet under the applicable law. Advanced electronic signatures therefore prevail over simple electronic signatures, as security requirements are higher in the former.

In this sense, an electronic document that meets the legal requirements of reliability, including the existence of an advanced electronic signature, MAY HAVE THE SAME PROBATIVE VALUE AS A DOCUMENT WITH AN AUTOGRAPHED SIGNATURE. However, if its authenticity and inalterability are not proven or supplemented by other elements, its probative value is diminished and value could only be given as a simple copy.

Thus, a data message containing an electronic signature satisfying all the requirements of national and international law, correctly offered as evidence in a trial and accompanied by other evidence, its legal effects, validity or binding force cannot be denied.

Therefore, if you have any doubts as to the reliability of electronic signatures contained in electronic documents or e-mail conversations, in which you negotiated or contracted any purchase or provision of services that was not concluded, and you want to demand its binding before the jurisdictional authority, contact us. In Bandala | Díaz | García we have trained personnel to solve all your doubts.