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Reach and lawful basis

Reach abroad
1
Law applies nationwide; the Regulation also reaches non-established controllers that use means located in Mexico (other than transit).Art. 1 LFPDPPP; Art. 4 Regulation (2011) · source ↗ 2011 Regulation still applied where not contrary to the 2025 Law; the Executive was to harmonize regulations (Transitorio Décimo Segundo). References to INAI now read as the Secretaría.
Lawful basis
3
Consent is the default basis; processing without consent only under listed exceptions (law, public sources, legal relationship, emergency, health care, court order). No legitimate interests.Arts. 7, 9 · source ↗
Sensitive data
2
Sensitive data needs express written consent (signature, e-signature or other authentication); databases of sensitive data need a legitimate, specific justification.Arts. 2(VI), 8 · source ↗
Children
0
No child-specific rule or age threshold; minors act through representatives under the Federal Civil Code (minority ends at 18).Art. 89 Regulation (2011) · source ↗ 2011 Regulation still applied where not contrary to the 2025 Law; the Executive was to harmonize regulations (Transitorio Décimo Segundo). References to INAI now read as the Secretaría.

People's rights

Rights
2
ARCO rights: access, rectification, cancellation and opposition, including objection to automated processing with significant effects. No portability right.Arts. 22-26 · source ↗ Automated-decision protection exists only as an opposition ground (Art. 26(II)).
Request deadline
2
Respond within 20 business days and implement within 15 business days; each extendable once.Art. 31 · source ↗ Business days (Art. 2(VIII)); 20 business days is roughly four calendar weeks.
Marketing
1
Marketing is a secondary purpose disclosed in the privacy notice; data subjects can object or opt out.Art. 26; Art. 30 Regulation (2011) · source ↗ Federal consumer law (PROFECO's REPEP do-not-call registry) also applies; not reviewed.

Governance

DPO required
3
Every controller must designate a person or data protection department to handle ARCO requests and promote data protection internally.Art. 29 · source ↗
DPO qualifications
0
No qualifications set for the designated person or department.Art. 29 · source ↗
Registration
0
No registration or notification of databases with the regulator.Not addressed · source ↗
DPIA
1
No DPIA duty for controllers; the Regulation requires a security risk analysis and review of risks from new products or technologies.Arts. 48(V), 61(III) Regulation (2011) · source ↗ Art. 39(IX) of the Law gives the Secretaría power to run privacy impact studies, not a controller duty.
Records
1
Regulation requires an inventory of personal data and processing systems as a security measure; not filed with the regulator.Art. 61(I) Regulation (2011) · source ↗ 2011 Regulation still applied where not contrary to the 2025 Law; the Executive was to harmonize regulations (Transitorio Décimo Segundo). References to INAI now read as the Secretaría.
Retention
2
Data must be blocked, then deleted, once purposes end; records of contractual defaults must be deleted after 72 months.Arts. 2(III), 10, 24 · source ↗

Breaches

Tell the regulator
0
No duty to notify the regulator.Not addressed · source ↗
Tell people
2
Notify data subjects immediately of breaches that significantly affect their patrimonial or moral rights.Art. 19; Arts. 64-65 Regulation (2011) · source ↗

Transfers

Transfers abroad
2
Domestic and international transfers need consent via the privacy notice, with listed exceptions; recipient assumes the controller's obligations, typically by contract.Arts. 35-36; Arts. 74-75 Regulation (2011) · source ↗
Localization
0
No data localization requirement.Not addressed · source ↗

Enforcement

Maximum fine
2
Up to 320,000 UMA (about MXN 36 million, roughly USD 2m), doubled for sensitive data, plus an additional fine of up to 320,000 UMA for repeat violations.Art. 59 · source ↗ Peso estimate uses the 2025 UMA of MXN 113.14; check the current UMA value.
Criminal liability
2
Imprisonment of 3 months to 3 years for profit-driven breaches by authorized persons and 6 months to 5 years for deceptive processing; doubled for sensitive data.Arts. 62-64 · source ↗
Private action
2
Administrative sanctions apply without prejudice to civil liability, so data subjects can claim damages in the civil courts.Art. 61 · source ↗

Scores are our reading on the published rubric, checked 18 October 2026. Not legal advice.

Regulations library

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