An amended and restated reform act of Article 1834 of the Civil Code for the Federal District, was enacted and Decree No. 1929 Bis was published on August 20, 2026, entering into effect the day after, as  published in the Official Gazette of Mexico City.

The amendment modifies the rules applicable to compliance with written-form and signature requirements in contracts executed through electronic, optical, or any other technological means. In particular, it allows written-form and signature requirements to be deemed satisfied through such means, provided that the information generated or communicated remains intact, may be attributed to the persons bound thereby, and remains accessible for subsequent consultation.

The amendment provides greater flexibility for contracting through technological means by no longer conditioning compliance with such requirements on the use of a specific technology or mechanism. However, it does not eliminate the special formalities established by other legal provisions for certain legal acts, including those that must be executed before a notary public.

  1. Recognition of Electronic Means

Pursuant to amended Article 1834, when the law requires that a contract be in writing and signed by the persons bound thereby, such requirements may be satisfied through electronic, optical, or any other technological means, provided that the information:

  1. is generated or communicated in an integral and complete manner;
  2. may be attributed to the persons bound thereby; and
  3. remains accessible for subsequent consultation.
  1. Key Changes Compared to the Prior Regime

Previously, Article 1834 expressly referred to handwritten signatures, Advanced Electronic Signatures, and Mexico City Electronic Signatures as mechanisms for executing contracts when written form was required.

The amendment eliminates such rigidity and allows different technological solutions to be used to formalize contracts, opening the door to other platforms offering these tools for e-signatures.

  1. Notarial Formalities

 

The amendment does not eliminate the special formalities applicable to certain legal acts. When the law requires that an act be executed in an instrument before a notary public, it must be formalized in the applicable ordinary notarial protocol or digital notarial protocol, in accordance with the Notarial Law for Mexico City.

Two-dimensional data matrix or analogous technologies that allow electronic consultation may be used to verify electronic documents and reproductions of notarial instruments. However, the omission of such verification elements will not, in and of itself, constitute grounds for invalidating the act.

 

  1. Practical Implications
  • Reviewing their electronic contracting processes and the mechanisms used for the execution or acceptance of contracts.
  • Verifying that such mechanisms make it possible to attribute the statements or manifestations made to the persons bound thereby.
  • Retaining the complete and final version of contracts and the information relating to their acceptance.
  • Maintaining evidence of the date and sequence of electronic acceptances or signatures.
  • Ensuring that the information remains accessible for subsequent consultation throughout the applicable statutory retention period.
  • Reviewing internal policies, terms of use, and procedures relating to digital contracting platforms.
  • Verifying that transactions subject to notarial formalities or other special requirements continue to comply with such formalities.

It will also be advisable to review contracts, internal policies, and the terms and conditions of use applicable to digital platforms, as well as contracted electronic-signature services, in order to confirm that they generate sufficient evidence of identity, consent, and document integrity.

The amendment facilitates the remote execution of contracts and reduces reliance on specific technologies, while maintaining the burden of proving the authenticity and preservation of the legal act. Accordingly, we recommend implementing reliable authentication, traceability, and document-retention mechanisms, without overlooking any notarial or legal formalities applicable to each transaction.

The amendment represents an important step toward a more flexible contracting framework adapted to the digital environment by allowing the use of various technological tools to formalize transactions. Accordingly, the new digital contracting alternatives should be utilized while continuing to review the relevant processes and the formalities applicable to each transaction in order to mitigate potential legal risks.

FOR FURTHER INFORMATION ON THE CONTENT OF THIS NEWSLETTER, PLEASE CONTACT:

Abraham Díaz

Abraham Díaz

Partner

Abraham Díaz is a Partner at OLIVARES. He co-chairs OLIVARES’ Litigation and Anticounterfeiting Teams, as well as Data Privacy Industry group and has a wealth of knowledge across all areas of intellectual property (IP), with a focus on litigation, trademarks, copyright, unfair competition, licensing, prosecution and opposition matters. He also counsels clients on trade dress, product configuration, advertising, trade secrets, plant breeders’ rights, right of publicity; Internet and digital environment related issues, IT and Data Privacy matters.
Armando Arenas

Armando Arenas

Partner

Armando Arenas joined OLIVARES in 2000 and became a partner in January 2017. He has experience working on a range of IP matters, including consulting and litigation on trademark, patent, unfair competition, trade dress protection, and misleading advertising cases before the Mexican Institute of Industrial Property (IMPI), Federal Court of Tax and Administrative Affairs (FCTA), Federal Circuit Courts (FCC) and the Supreme Court of Justice (SCJ) Regulatory Affairs and Public Acquisitions.
Gustavo A. Alcocer

Gustavo A. Alcocer

Partner

Gustavo Alcocer manages the Corporate and Commercial Law Group at OLIVARES, advising domestic and foreign businesses and the owners of those businesses on Mexican and cross-border corporate and commercial transactions.

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