More and more companies are choosing electronic signatures to streamline the management of all kinds of HR-related documents, such as contracts, forms, agreements, authorizations, training courses, labor agreements, and more. 

One of the main characteristics of electronic signature tools is their ability to identify the signer like a handwritten signature. This raises an important question: What is their legal validity?

The answer is clear-cut: electronic signatures have full legal validity. This validity rests on two fundamental pillars:

• Technical: during the signing process, various pieces of information are collected (e.g., the time and location of document creation, the identity of the signer, the history of changes, among others) to ensure traceability.
• Legal: refers to the body of legislation that guarantees the validity of electronic signatures, both nationally and internationally.

In the European Union, the eIDAS Regulation (EU 910/2014) establishes the requirements to ensure the legal validity and efficacy of an electronic signature, and to define its legal effects, in all the member states of the EU. This Regulation has eliminated the regulatory disparities that previously existed among member countries and has unified the legal framework so that all countries are governed by the same rules.

In Mexico, electronic signatures are regulated by NOM-151, which establishes the requirements for the preservation of data messages and the digitization of documents.

Finally, in the U.S.A., electronic signatures are regulated by the Uniform Electronic Transactions Act (UETA) and by the E-Sign Act.

If you use Sesame to manage document signing in your company, there are two types of electronic signatures, each with its own characteristics and level of security.

• Simple signature: this is the most basic and commonly used type, often involving a simple action such as checking a box. To ensure traceability, Sesame includes the date and time the document was signed, along with its own verification certificate. 
• Advanced signature (via Signaturit): this is the more complex type and complies with the strictest legal requirements. As a result, it offers an additional level of security by guaranteeing the integrity of the signed document and ensuring that the document has not been altered in any way since it was signed.

To sum up, whether you choose one or the other, electronic signatures are legally valid and highly secure tools, backed by both national and international regulations.