Digital signature and NOM-151: Avoid fraud and penalties

Learn how to avoid fraud and penalties for noncompliance with NOM-151, ensuring the validity and security of your digital documents in Mexico.

In the digital age, electronic signatures have become a key tool for streamlining processes and reducing costs in document management. However, their legal validity depends on compliance with regulations such as the Mexican NOM-151. In this article, we explore the industries most vulnerable to fraud and sanctions for noncompliance with digital signature regulations and how a comprehensive solution can guarantee the authenticity, integrity, and preservation of your electronic documents.

What is a digital signature?

A digital signature is a cryptographic mechanism that guarantees the authenticity and integrity of an electronic document, functioning as the digital equivalent of a handwritten signature. Unlike simple electronic signatures, it uses digital certificates issued by a certifying authority, ensuring that the identity of the signer and the content of the document have not been altered.

According to the Advanced Electronic Signature Law in Mexico, the digital signature must meet criteria of authenticity, integrity, and non-repudiation. This allows digitally signed documents to have the same legal validity as paper documents, provided they comply with regulations such as NOM-151, which establishes the requirements for the conservation and certification of electronic documents.

What is a conservation certificate according to NOM-151?

The retention certificate is a mechanism that certifies the integrity and authenticity of an electronic document over time. In accordance with NOM-151, this certificate guarantees that the content of a document has not been altered since it was signed, allowing its use in legal proceedings and audits.

Types of fraud in digital signatures

Digital signature fraud is a growing challenge, with techniques such as phishing, digital certificate forgery, and electronic document manipulation. A study by the Association of Certified Fraud Examiners (ACFE) revealed that 25% of corporate frauds involve digitally altered documents, which underlines the need for advanced security mechanisms.

One of the most common attacks is the use of stolen digital certificates, allowing cybercriminals to impersonate a company or individual. Cases of tampering with signed documents have also been detected, where attackers modify the content without invalidating the signature. These vulnerabilities highlight the importance of solutions that include identity verification and document retention mechanisms.

How do fraudulent manipulations occur in digital documents?

Electronic document manipulation can occur in a variety of ways, from modifying contracts to altering financial records. A report from the University of Cambridge found that 60% of document fraud in companies occurs due to the lack of adequate security measures in the processes of signing and storing documents..

Fraudulent manipulations can include changes to data after signature, the deletion of pages in electronic documents, and the restructuring of agreements without the consent of the parties involved. To avoid these risks, implementing a digital signature solution that includes a record of retention in compliance with NOM-151 is crucial.

The impact of digital signatures in Mexico and Latin America

In Latin America, digitalization has grown exponentially, with an increase of 35% in the adoption of digital signatures In the last five years, according to the Inter-American Development Bank (IDB), Mexico, in particular, has implemented regulations such as NOM-151 and the Advanced Electronic Signature Law to ensure the legal validity of electronic documents.

The impact of digital signatures is not only reflected in the reduction of operating costs and processing times, but also in the increasing legal certainty in commercial transactionsCompanies in sectors such as finance, real estate, and government have begun adopting these solutions to comply with strict regulations and avoid penalties for noncompliance.

Industries most vulnerable to fraud and sanctions for non-compliance with digital signature regulations

The industries most exposed to digital signature fraud include the financial, healthcare, and government sectors. According to the consulting firm PwC, 46% of financial institutions have been victims of digital document fraud in the last two years, which has led to increased adoption of identity verification solutions.

Noncompliance with document management regulations can result in significant penalties. In Mexico, the Federal Law on Personal Data Protection establishes fines of up to 25,000 times the minimum wage for violations related to electronic document security. This makes certified solutions essential to avoid legal and operational risks.

How to choose the best solution for digital document signature in Mexico

To select the right digital signature solution, it's essential to consider factors such as regulatory compliance, security, and ease of integration. A reliable solution should guarantee:

• Compliance with NOM-151: The generation of conservation certificates to support legal validity.
• Strong authentication: Identity verification methods to prevent fraud.
• Integration with document management platforms: To facilitate the automation of business processes.
• Accessibility and usability: : Support for mobile devices and cloud platforms.

The complete solution for Digital Signature and regulatory compliance in Mexico

The alliance between Your Identity and Adobe Sign Adobe Sign offers a comprehensive solution for digital document signing, combining the Adobe Sign platform with the automatic generation of retention certificates in accordance with NOM-151. This ensures that each signed document is legally valid and can be audited at any time:

1. Connect with Tu IdentidadConnect your Adobe Sign platform to Tu Identidad's NOM-151 solution to start signing digitally with legal validity.
2. Upload and customize your document: Upload your file and customize the fields required for signing.
3. Send it for fast signing: Digital signature is easy from any device.
4. Generate the NOM-151 Preservation Acknowledgment: Once signed, Your Identity automatically generates the conservation certificate.
5. Manage everything from your dashboard: Check the status of signatures and verify the validity of your documents in one place.
   

Ensure the legal validity of your documents with the Your Identity solution and Adobe Sign. Request a demo today and protect your company from fraud and penalties for non-compliance.