February 10, 2013

The Mexican Department of the Economy Publishes Guidelines to the Privacy Notice

By Adrián Salgado

On January 17, 2013, the Mexican Department of the Economy published in the Official Journal of the Federation guidelines governing privacy notices (“Guidelines”) given in Mexico. As provided for under Mexican law, the privacy notice (“Privacy Notice”) fulfills the requirements of the “information principle,” one of the principles underlying protection of personal information, as protected and regulated by the Federal Personal Information Protection Act (Ley Federal de Protección de Datos Personales en Posesión de los Particulares) (the “Law”). The Guidelines published by the Department of the Economy aim to establish the content and scope of all formal Privacy Notices, in accordance with the terms of the Law and its regulations, and will be mandatory in Mexico for all private individuals and entities that handle personal information under the terms of the Law. The Guidelines include, among other provisions: i) the formal elements of the Privacy Notice; ii) the applicable time for providing the Privacy Notice; iii) a chapter distinguishing the different variations (complete, simplified and short forms) of Privacy Notices; and iv) the content of Privacy Notices. It is important to note that individuals or entities handling personal information should review the provisions of the Law, its regulations and the Guidelines with care in order to ensure compliance with the applicable obligations.