What is NOM 151?

NOM 151 is the standard that guarantees that documents with electronic signatures cannot be altered, are legally validated, and are reliable for use in any transaction. Learn a little more about it.

For many years, the business world has functioned in a truly incredible way; executives rushing to a meeting at a restaurant on the other side of the world, managers exhausted in international airport waiting rooms, or politicians attending important meetings to strengthen business relations with other countries. And well, although traveling around the world is wonderful, there are trips like no other, which is why someone made the distinction between those for pleasure and those for business, where sometimes it's just a matter of... sign a document, buy some souvenirs and go back to our office to continue working.

Fortunately, the introduction of new technologies has transformed the way we do business. However, these major changes are accompanied by new regulations that ensure compliance with all legal requirements. Such is the case with NOM 151, which identifies the elements that an electronic signature or digital document must have to be legally valid.

Why does the standard arise?

Due to the need to regulate the process to digitize the documents of thousands of Mexican companies, such as their accounting or those related to their commercial activity, NOM 151 emerged in 2002. Derived from its update in 2017, now the standard also contemplates the regulation of digital signatures with the issuance of conservation certificates, but let's go step by step.

If there is a contract, there is a signature. What do you need to know about electronic signatures?

Physical, in-person signing of documents is still the most common method when making written agreements. However, technology now allows us to carry out this procedure digitally, by capturing a person's handwritten signature using an electronic device and using it as valid, provided it is accepted by both parties.

However, when we talk about digital documents agreed upon remotely and requiring a legally valid signature, these require an electronic signature to validate the signatory's identity. This signature is issued by a certifying authority such as the SAT (Tax Administration Service) and Certification Service Providers that have acquired this authority. 

A Certification Service Provider is a third party accredited by the Ministry of Economy, whose main task is to provide security, validity, and legal certainty to acts carried out electronically. 

NOM 151 stipulates that the electronic signature is one of the fundamental requirements for issuing a data retention certificate.

When a document is signed with an electronic signature, it is accompanied by a digital certificate; through which the Certification Service Provider guarantees the identity of the signatory and that the requirements set forth in the Electronic Signature LawWithout meeting these requirements, a Certification Service Provider cannot issue a data retention certificate, making it impossible to give it legal validity.

What is a data retention certificate?

A data retention certificate (known as a NOM 151 certificate) is a digital document that guarantees that electronic information, such as a contract, was produced within a specific time and with specific characteristics. 

Through security measures such as a time stamp or electronic signature, the integrity, authenticity and unalterability of the same are guaranteed, which gives it legal validity. 

The certificates are also issued by a Certification Service Provider accredited by the Ministry of Economy.

What benefits are obtained with NOM 151?

• Enables remote signing of documents.
• Save time and costs 
• Validates the identity of a remote signer
• It gives legal validity to a document with an electronic signature
• A certificate can be presented as evidence in a legal dispute.
• Guarantees the integrity, authenticity and unalterability of a digital document
• Allows you to digitize physical documents requested by the commercial code.
• Eliminate the use of paper

Tu Identidad is a Mexican technology company with a legal team specialized in managing this type of solution. 

Comply with the regulation and implement some of our modules such as digital signature which can integrate handwritten or electronic signatures and obtain the conservation certificates you need.

If you want to be part of the digital transformation and give greater security to your company, contact usWe will be happy to offer you this and other solutions.