April 23, 2014

Mexican Authorities Enforce the Data Protection Law

The purpose of this GT Alert is to inform our friends and clients about the latest developments regarding the Mexican Data Protection Law (Ley Federal de Protección de Datos Personales en Posesión de los Particulares) (hereinafter the “Law”).

The main purpose of the Law is to protect the personal data that individuals provide to third parties (both entities and individuals) (“Responsible Entity”) by imposing several obligations to the recipients, such as creating and communicating a privacy notice.

The Mexican Federal Institute of Access to Information and Data Protection (Insituto Federal de Acceso a la Información y Protección de Datos) or IFAI, which is the Mexican agency with powers to ensure compliance with the Law, has conducted several investigations, verification visits and ruled in a number of cases.

On December 3, 2012, the IFAI published an official communication regarding the issuance of a resolution imposing fines to a Responsible Entity in the pharmaceutical industry in the amount of more than two million Mexican pesos (around US$160,000 dollars). The IFAI´s communication can be accessed in Spanish here.

The IFAI concluded that the Responsible Entity in this case breached the Law by (i) conditioning the sale of certain medication upon including in the corresponding prescription personal data, such as name and domicile of the patient, without providing such customers with a privacy notice as required by the Law; and (ii) failing to identify the Responsible Entity in the privacy notice published on its webpage.

The aforementioned evidences that the IFAI is showing a lot of interest in the enforcement of the Law. Thus, it should not be a surprise if more resolutions imposing fines of this nature are issued.

We strongly recommend reviewing your data protection policy with an expert in the field to assure that your operations are being carried out in compliance with the Law.

©2014 Greenberg Traurig, LLP. All rights reserved.

About the Author


Luis Octavio Núñez’s professional experience includes international mergers and acquisitions, private equity and venture capital investment, joint ventures, commercial loans to companies, debt restructurings, securities offerings in Mexico and the United States, and other forms of financing. His practice also includes the creation of financing structures and vehicles for the securitization of real estate assets. In addition, Luis Octavio advises real estate developers and other companies involved in real estate transactions.


Boost: AJAX core statistics

Legal Disclaimer

You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's  Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on are intended for general information purposes only. Any legal analysis, legislative updates or other content and links should not be construed as legal or professional advice or a substitute for such advice. No attorney-client or confidential relationship is formed by the transmission of information between you and the National Law Review website or any of the law firms, attorneys or other professionals or organizations who include content on the National Law Review website. If you require legal or professional advice, kindly contact an attorney or other suitable professional advisor.  

Some states have laws and ethical rules regarding solicitation and advertisement practices by attorneys and/or other professionals. The National Law Review is not a law firm nor is  intended to be  a referral service for attorneys and/or other professionals. The NLR does not wish, nor does it intend, to solicit the business of anyone or to refer anyone to an attorney or other professional.  NLR does not answer legal questions nor will we refer you to an attorney or other professional if you request such information from us. 

Under certain state laws the following statements may be required on this website and we have included them in order to be in full compliance with these rules. The choice of a lawyer or other professional is an important decision and should not be based solely upon advertisements. Attorney Advertising Notice: Prior results do not guarantee a similar outcome. Statement in compliance with Texas Rules of Professional Conduct. Unless otherwise noted, attorneys are not certified by the Texas Board of Legal Specialization, nor can NLR attest to the accuracy of any notation of Legal Specialization or other Professional Credentials.

The National Law Review - National Law Forum LLC 4700 Gilbert Ave. Suite 47 #230 Western Springs, IL 60558  Telephone  (708) 357-3317 If you would ike to contact us via email please click here.