Why Data Privacy Compliance Matters in Mexico
Mexico’s Ley Federal de Protección de Datos Personales applies to any individual or company processing the personal data of Mexican residents for professional or commercial purposes—whether they are located in Mexico or abroad. That broad scope makes compliance a critical issue for both domestic businesses and international organizations handling Mexican data.
The risks of non-compliance are significant. Penalties include fines ranging from 100 to 320,000 UMAs (Unidades de Medida de Actualización). In 2025, the maximum fine equals nearly $1.94 million USD, and additional fines can be imposed if violations involve sensitive data or are not corrected. In some cases, non-compliance can even lead to imprisonment. Beyond financial and legal penalties, companies also face serious reputational risks, as customers are less likely to trust businesses that fail to protect personal data.
There are also common misconceptions about the law. For example, some assume it only applies to large companies, but in reality, any entity processing Mexican residents’ data for business purposes must comply. Another misconception is that enforcement is lax. While enforcement authority shifted in 2025 from INAI to the Secretaría Anticorrupción y Buen Gobierno, the previous regulator had a strong record of enforcement—including fines of nearly $2 million USD against major companies like Grupo Financiero Banorte for failing to properly notify customers of a breach. Compliance is taken seriously in Mexico, and companies should not assume otherwise.
Finally, organizations often misunderstand the consent model. While consent is always required, express consent is only necessary for sensitive and financial data. Tacit consent applies in other cases, which makes this law different from many others in Latin America where express consent is the default. And contrary to another common myth, international data transfers are permitted, provided that consumers are informed in the privacy notice or if the transfer fits within the scenarios laid out in Article 36 of the law.
About Protection of Personal Data Held by Private Parties
Mexico’s law was one of the first data protection frameworks in Latin America, originally enacted in 2010. It was updated in 2025 to address new technologies and evolving privacy concerns. Enforcement now falls under the Secretaría Anticorrupción y Buen Gobierno, but the overall structure and obligations remain consistent with its original design.
The law requires organizations to implement a wide set of practices, including:
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Data mapping and inventory: Maintain a current record of the personal data you collect and process.
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Accuracy and minimization: Ensure the data you collect is accurate and limited to what is necessary for the stated purpose.
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Retention and deletion protocols: Establish clear timelines for data storage and secure deletion.
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Privacy notices: Provide comprehensive, up-to-date notices to individuals explaining how their data will be used.
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Consent: Obtain consent for processing, keeping records of express consent when required.
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Data subject rights: Offer clear processes for individuals to access, correct, delete, or port their data.
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Privacy program: Implement an internal data protection program with trained employees, regular audits, and privacy impact assessments for new or high-risk activities.
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Breach notifications: Immediately inform affected individuals of data breaches.
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Confidentiality: Ensure all staff and third parties with access to personal data maintain confidentiality.
Although not explicitly required by law, appointing a Data Protection Officer (DPO) is strongly recommended to oversee compliance.
A unique feature of Mexico’s law is its consent model. Unlike other Latin American countries where express consent is the default, Mexico uses tacit consent in most cases, reserving express consent for sensitive and financial data. This makes compliance both flexible and nuanced, requiring companies to understand exactly when higher standards apply.
How Our Data Privacy Consulting Services Help You Comply in Mexico
Data mapping and inventory
Building a clear record of what data you collect and process.
Privacy notices
Drafting and updating notices that meet Mexico’s specific requirements.
Consent strategies
Helping you capture tacit or express consent depending on the type of data, with processes to maintain evidence.
Governance documents
Drafting internal policies, retention protocols, and confidentiality agreements.
At Oso, we help companies meet all of the obligations of Mexico’s data privacy law in a way that’s practical and customized to their operations. Whether you’re a large financial institution or a small professional services firm, our consulting services adapt to your size, industry, and processing activities.
Risk assessments & audits
Running privacy impact assessments and periodic audits of your program.
Employee training
Teaching your team the basics of Mexican data privacy law and their responsibilities.
Program implementation
Helping you establish a full privacy program with continuous updates.
Our Process & Approach
Our approach is flexible and based on where you are in your privacy journey. Some companies already have programs in place that need strengthening, while others are starting from scratch. Either way, we make compliance clear and achievable.
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If you already have a program: We review what you have, identify gaps compared to the latest law, and create a mitigation plan. We prioritize short-, medium-, and long-term fixes, then help you with strategy, document updates, and training.
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If you don’t yet have a program: We conduct a gap analysis to identify all obligations that apply to you, then design a tailored roadmap. This includes drafting documents, designing processes, and helping with implementation.
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If you need a specific deliverable: Even for something simple like a website privacy policy, we first meet with you to understand your data practices. That way, the document reflects your real operations instead of being a generic template.
Timeline: The pace depends on you. Some companies move quickly with intensive workshops and documentation, while others prefer a gradual rollout. We adapt to your schedule so compliance feels manageable.
Why Work with Oso in Mexico
At Oso, we’ve been helping businesses with privacy compliance since 2018, working with both small and large companies across different industries. Our strength is in adapting complex legal requirements to your unique situation—whether you’re a multinational enterprise or a local business handling sensitive data.
We’re also fully bilingual, so we can deliver all documents, policies, and training in either Spanish or English. This flexibility is especially valuable for organizations with cross-border operations. More importantly, we understand how to make compliance practical, not just theoretical—helping you put in place policies and processes that actually work day-to-day.
Common Questions (FAQ)
Does this law apply if I’m not based in Mexico?
Yes. The law applies extraterritorially. If you process the personal data of Mexican residents for professional or commercial purposes, you must comply—even if you’re located outside of Mexico.
Do I need to appoint a representative or DPO?
While the law does not require a formal appointment, it is strongly recommended to designate a person or team responsible for privacy compliance. This ensures accountability and helps coordinate your program.
What are the penalties for failing to comply?
Fines can reach up to 320,000 UMAs (around $1.94 million USD in 2025). Higher penalties may apply if violations involve sensitive or financial data, or if problems are not corrected after being flagged. In extreme cases, non-compliance can also result in imprisonment.
Are international data transfers allowed?
Yes. Transfers are permitted as long as they are disclosed in the privacy notice or fall under the exceptions listed in Article 36 of the law.
Is express consent always required?
No. Unlike other LATAM laws, Mexico’s law assumes tacit consent in most cases. Express consent is required only for processing sensitive or financial data.
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