Mexico: Beware! In Data Protection Compliance – The Privacy Notice Is Not Everything.

Last Updated: 18 July 2017
Article by Luis Mario Lemus

Nowadays in México, corporations tend to think that by developing a privacy notice they are in compliance with the whole framework of data privacy laws in México. This is both wrong and delicate, since such considerations lead often to noncompliance and possible penalties.

It is important to highlight that the privacy notice is simply the result of a complex process within the organization.

One of the most important matters for companies in their role as a data controller, regarding their use of personal information from employees, clients, suppliers, prospects, etc., is strictly to fulfill the principle of accountability. In view thereof, article 48 of the Regulation to the Federal Law on Protection of Personal Data Held by Private Parties (hereafter referred to as "The Regulation") dictates that data controllers must adopt measures to guarantee the proper processing of personal data, which shall comprise the following obligations:

  1. Prepare privacy policies and programs that are binding and enforceable within the organization of the data controller.

    The data controller is bound by law to issue and implement management and security policies that contribute to the achievement of the stated objectives. In the aforementioned policy, comprehensive guidelines shall be established in order to completely fulfill the principles found in the law and, between other things, the penalties for non-compliance.
  2. Implement a program of training, updating, and raising the awareness of personnel about obligations in matters of protection of personal data.

    The Federal Institute for Access to Information, Transparency and Data Protection (INAI for short) has addressed the relevance of training within an organization. In respect thereof, INAI has stated that the best security measure against any possible breach is to rely on conscious personnel that is not only aware of its responsibilities and obligations regarding personal data protection, but that possesses also the capability to identify their own input to attain the fulfillment of the measures that guarantee the proper processing of personal data. For this reason, training programs shall be established and maintained to keep the aforesaid measures up to date, for example through:

    1. Awareness: short term programs for the general promotion of personal data protection within the organization;
    2. Training: medium term programs that aim to train personnel in an specific manner regarding their functions and responsibility in processing and securing personal data;
    3. Education: long term programs that pursue the goal of including security issues regarding the processing of personal data within the values and culture of the organization.
    In order to identify the level and type of training needed for the personnel, a diagnosis of the requirements for each company shall be carried out, taking into account the assigned responsibilities and the job profile of the employees, especially of those involved in the processing of personal data.
  3. Establish an internal supervision and monitoring system, as well as external inspections or audits to verify compliance with privacy policies.

    The Federal Law on Protection of Personal Data Held by Private Parties (hereafter referred to as FLPPPHPP) orders data controllers to count with an area in charge of privacy and personal data protection. One of the functions of said area shall be the supervision of compliance, both of laws and privacy policies, in the corporation, which can be conducted with the support of external consultants.

    To identify in an early stage any changes in the reach and objectives of the measures to guarantee the proper processing of personal data and in order to keep an overall perspective of security risks, companies shall monitor and review such hazards with their related factors, namely the value of the assets, the threats, vulnerabilities, the impact and the probability of occurrence.
  4. Dedicate resources for the implementation of privacy programs and policies.

    Companies, within the allocation of budget and resources, shall consider the privacy and data protection area in accordance with the size of the organization.
  5. Implement a procedure to deal with the risk to the protection of personal data by the implementation of new products, services, technologies and business models, as well as to mitigate them.

    Risk analysis in the processing of data and the implementation of procedures to reduce said risks.
  6. Periodically review the security policies and programs to determine modifications required.

    One of the functions of the Chief Privacy Officer (CPO) or data processor in charge of the area of compliance in personal data matters is to carry out and schedule periodical audits to verify that inside the organization the personal data protection policies are met.
  7. Establish procedures to receive and respond the questions and complaints of data subjects.

    The area responsible of compliance shall create an internal communication channel to receive queries regarding the reach of the processing of personal data. This communication channel will in turn be able to transfer such queries to external consultants and professionals in the field or even deal with them itself in order to provide answers.
  8. Have mechanisms to comply with privacy policies and programs, as well as sanctions for a breach thereof.

    The policies shall set penalties to those who, having previosluy received training and knowledge about risks in the processing of personal data, consciously breach it (e.g. through official reports or warnings that may lead to a job loss).
  9. Establish measures to protect personal data, in other words, a group of technical and administrative actions that will allow the data controller to ensure compliance with the principles and obligations established by the Law and these Regulations.

    It is essential to count with appropriate security measures to avoid possible breaches of the personal data safeguarded by the data controller.
  10. Establish measures to trace personal data.

    Other functions of the Chief Privacy Officer (CPO) or data processor in charge of the area of compliance in personal data matters is to develop an inventory of personal data in order to provide insight regarding the flow of information within the company.


Current legislation contemplates considerable fines and penalties for those who violate the FLPPPHPP and its Regulation.

  1. Warning notice for the data controller derived from the failure to satisfy the data owner's request for personal data access, rectification, cancellation or objection, without well-founded reason.
  2. Fines from $7,010.00 (seven thousand and ten Mexican Pesos) $44,864,000.00 (forty four million eight hundred and sixty four thousand Mexican Pesos).
  3. From six months to five years in prison to those who, in order to obtain unlawful profit, process data through fraud, taking advantage of an error committed by the data owner or the individual authorized to process data.

In conclusion, it is important that companies receive counsel from specialists in data privacy and data protection matters, since any failure to comply with the law may entail penalties, considerable damage to the corporation's reputation and even bankruptcy.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Similar Articles
Relevancy Powered by MondaqAI
Basham, Ringe y Correa, S.C.
Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Related Topics
Similar Articles
Relevancy Powered by MondaqAI
Basham, Ringe y Correa, S.C.
Related Articles
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of

To Use you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions