Undoubtedly, COVID has changed the form of interaction between human beings, although it´s true the fact that previously e-contracts already existed, the use of e-signature in Government Institutions, Federal and Local Courts of Justice, NIPS in credit cards, the true is that that the arrival of the virus accelerated and forced users to use them in a way that will undoubtedly be permanent. However, the so-called infodemic often causes confusion with relevant issues like this one, for this reason we present the main myths and realities about the e-signature:
Myth: The e-contracts has not legal validity.
Reality: It has the same validity as the autograph signature and has been legislated for some time at the Federal level and some Local legislation, however, with the arrival of the Pandemic, its use became almost mandatory in some local areas.
Myth: The electronic signature replaces the autograph signature
Reality: No, both will continue to be valid, however, over time and derived from the pandemic, the use of the electronic signature will be a priority.
Myth: It´s only valid in a business context
Reality: No, it can also be used administratively or in any other type of activity, such as lawsuits, written at local Courts, or in general judicial acts depending on the State of the Republic in which you are.
Myth: I must have advanced technology to use.
Reality: No, even your credit / debit card PIN is a digital signature.
Myth: It is necessary to go to ratify that is my signature
Reality: Your identity is valid with electronic media, information from your INE, even with your cell phone number, so you don´t have to go fiscally anywhere to ratify.
Myth: If I register with my SAT e-signature in the Court of Mexico City, now the SAT will know how many lawsuits I promote.
Reality: No, they are firms with different uses.
Myth: My personal data and my legal acts are vulnerable because someone else can sign on my behalf.
Reality: As already mentioned before the pandemic and currently, there are advanced data protection technologies that allow your information linked to your signature to be used specifically by you, including technology that verifies constantly who is the person who is signing.
In conclusion, COVID accelerated the modernization of the signing of contracts and other important legal acts, even because of your health by avoiding contact with paper, crowds, among other issues that involve the physical signature of any document. If you have any question about this topic, you can come to us and we will help you.
Carolina Áviles
Gloria Ponce de León & Hernández
