Electronic contract signing is no longer a trend—it has become standard practice in the business world. Platforms such as DocuSign® and other technological solutions allow parties to execute agreements quickly, reduce turnaround times, and streamline document management, particularly in remote or cross-border operations.
However, adopting these tools is not without legal risk if they are not implemented correctly. Technological efficiency alone does not guarantee the legal validity, enforceability, or evidentiary strength of a contract.
What Is an Electronic Signature?
An electronic signature is a mechanism through which parties express their consent using digital means. For an electronic signature to be legally effective, it must comply with specific technical and legal requirements established under applicable law. Not all electronic signatures offer the same legal scope, level of security, or evidentiary value.
Main Benefits of Electronic Signatures
Among the most relevant advantages of using electronic signatures in contractual processes are:
- Greater agility in contract execution and reduced signing times
- Lower operating costs associated with physical documentation and in-person processes
- Improved document control, traceability, and version management
- Easier execution of transactions involving parties located in different jurisdictions
These benefits explain why an increasing number of companies are digitizing their contracting processes.
Legal Risks and Challenges to Consider
The improper or indiscriminate use of electronic signatures may give rise to significant legal contingencies, including:
- Use of a type of electronic signature that is inappropriate for the nature of the contract
- Difficulties in proving authorship, consent, or document integrity in the event of a dispute
- Insufficient mechanisms to verify the identity of the signatories
- Risks related to information security and personal data protection
In audit, litigation, or contract review scenarios, these issues may compromise the validity or enforceability of the agreement.
A Key Point: Not All Contracts Are Signed the Same Way
Not all transactions should be documented using the same type of electronic signature. The appropriate solution must be determined on a case-by-case basis, taking into account the nature of the legal act, its effects, the level of risk involved, and the identity of the parties.
In some cases, a simple electronic signature may be sufficient; in others, an advanced electronic signature will be essential.
Recommendations for Secure Implementation
Before adopting electronic signing platforms on a large scale, it is advisable to:
- Assess the type of contract and the associated legal risk
- Verify that the electronic signature and platform comply with the Commercial Code, the Advanced Electronic Signature Law (LFEA), and standards such as NOM-151-SCFI-2016
- Establish clear internal policies governing the use of electronic signatures
- Ensure adequate evidentiary support and document retention mechanisms
Specialized Legal Support
The key is not merely to adopt technology, but to integrate it properly into a company’s legal and compliance processes. At Roqueñí Abogados, we assist organizations in the secure implementation of electronic signature solutions, aligning operational efficiency with regulatory compliance to mitigate risk and strengthen the legal validity of their contracts.