Database

Customs procedures in Mexico are reported to be potentially trade restrictive. They comprise complex technical requirements and it is reported that excessive document requirements for importers cause delays. Furthermore, EU companies report that customs procedures are sometimes not transparent. These issues have been partially addressed in the recent customs reform of 2013. However, concerns remain regarding certain customs procedures such as the lack of prior notification of procedural changes and inconsistent interpretation of trade requirements at the different ports of entry.

The Copyright Law provides explicit safe harbours excluding liability in specific situations like caching, search engine, mere conduit or routing. Yet, it is reported that the exceptions and limitations imposed by the Copyright Law are restrictive in scope and it would be difficult to invoke them in connection with digital rights. The Copyright Law of Mexico does not provide exceptions or limitations to copyright or neighboring rights in connection with the activities of ISPs or other intermediaries.

Penalties for data privacy violation vary from a warning notice to fines up to 320,000 days of the minimum daily wage in Mexico City (about to 1.4 million USD) and imprisonment ranging from three months to five years. These penalties may double in the case of sensitive personal data.

As of today, there have not been enforcement actions or sanctions.

The Mexican Law requires the data controller to appoint a data protection officer.

When personal information is no longer necessary for the fulfillment of the objectives set forth in the privacy notice and applicable law, personal information must be deleted. Information relating to non-performance of contractual obligations must be deleted after 72 months from the day on which the non-performance arose.

The Mexican Federal Telecommunications and Broadcasting Law entered into force in August 2014 compels telecom providers to retain, for two years, the details of who communicates with whom, for how long, and from where.

According to the Federal Law for the Protection of Personal Data in the Possession of Private Parties, domestic and international transfers need the consent of the individual. Additionaly, the data controller must provide the third parties with the privacy notice that was sent to and consented to by the individual. Consent is not required for international transfer:
- if transfer is intra-group;
- if it results from a contract executed or to be executed in the interest of the data owner between the data controller and a third party; and
- in few other circumstances.

No direct quotas applied. However, there is nonetheless a regulation that stages that there is a 10% cap on foreign employees for each firm. There is an exception for senior management.

In 2000, the US initiated a dispute resolution process at the WTO against Mexico for failing to ensure that Telmex provides interconnection to US-cross border basic telecom suppliers on reasonable rates, terms and conditions. In 2004, the Panel at the WTO ruled that Mexico violated its GATS commitments for failing to ensure interconnection according to the Reference Paper.

Mexico and the US reached an agreement on the compliance of the ruling. However, in 2011, the US Competitive Telecommunications Association (CompTel) reported ongoing anticompetitive and discriminatory practices regarding pricing structures for interconnection and termination services.

The telecommunications market in Mexico is liberalized since 1995. However, Telmex (the incumbent) owns the access to the last mile. Since 2015, the new regulations oblige Telmex to give access to the last mile to alternative service providers.

Civil sanctions for copyright infringement are available, but there is little enforcement action or case law on Internet copyright issues. Mexico continues to suffer from rampant commercial piracy and counterfeiting and weak enforcement of intellectual property rights.

In Mexico, there are limited exceptions and limitations on copyright infringement. The three-step-test is used only for a general reference and not as a source of principal or subsidiary law.

Article 30 of the Foreign Investment Law provides that the National Foreign Investment Commission can block investments that threaten the national security.

In Mexico, a screening system is in place for investments in telecommunications services. According to article 29 of the Foreign Investment Law, in order to grant an approval, the National Foreign Investment Commission under the Secretariat of the Economy analyzes whether a potential investment has:
- impact on employment and training of workers,
- its technological contribution,
- compliance with ecological dispositions, and
- in general, its support for Mexico's competitiveness.

Mexico is not a signatory to the WTO Agreement on Government Procurement.