The Federal Law on the Protection of Personal Data Held by Private Parties (LFPDPPP) in Mexico requires businesses to obtain informed consent before collecting or processing users’ personal data, including data gathered through cookies. Are you prepared to do this the right way?
The LFPDPPP is Mexico’s main data protection law, enacted in 2010 to regulate the processing of personal data by private entities. It aims to protect individuals' privacy and gives them rights over their personal information, including the right to access, rectify, cancel, and oppose (ARCO) the use of their data.
Businesses operating in Mexico or handling data of Mexican residents must understand that the LFPDPPP requires clear consent mechanisms, transparent privacy policies, and secure data handling procedures. It also mandates the designation of a Data Protection Officer (DPO) and the establishment of procedures to respond to data subject requests.
Steps to LFPDPPP compliance:
Review data practices:
Assess whether your organization collects, stores, processes, or shares personal data of individuals in Mexico
Update privacy policy:
Review your privacy policy, data processing practices, and cookie consent mechanisms
Implement consent management:
Ensure you have consent management in place before beginning data collection
Conduct an audit:
Perform an audit or gap assessment to help identify non-compliant areas and guide remediation steps
Any individual or organization—domestic or foreign—that collects, uses, stores, or transfers personal data of individuals located in Mexico must comply with the LFPDPPP. This includes businesses with websites accessible in Mexico that track users via cookies.
Mexico’s law gives residents a set of data privacy rights, including:
Request access to their personal information
Request to know how personal data is being collected and used
Request that inaccurate, incomplete or out-of-date information be corrected
Request the erasure of their personal information under certain circumstances
Request to opt out of processing of their data
Request data in a structured, commonly used format
Request that decisions not be made solely on automated processing
Cookies fall under the LFPDPPP when they collect personal data, such as user preferences, location, or IP address. Under this law, cookie usage must be disclosed in a privacy notice, and consent must be collected for any non-essential cookies. This includes tracking cookies for analytics, marketing, or profiling purposes.
Non-compliance with the LFPDPPP can lead to significant penalties, including fines ranging from approximately 500 to over 1.5 million USD. In severe cases involving intentional misuse of personal data, criminal charges and imprisonment may also apply.
LFPDPPP compliance can be achieved with a few key data privacy best practices:
Conduct data and cookie audits:
Review current data practices to align with LFPDPPP
Update privacy and cookie policies:
Revise privacy notices to clearly outline data practices, consumer rights, and how to exercise those rights
Implement consent management:
Manage cookie use and consent with a comprehensive consent management platform like CookieHub
Educate employees:
Give employees training on the importance of compliance with LFPDPPP
Implement breach processes:
Ensure clear pathways for notifying consumers about data breaches
Assign a privacy officer:
Add a privacy officer to your organization to manage compliance
The LFPDPPP applies to all private individuals and entities in Mexico that process personal data as part of their commercial or professional activities. This includes businesses, professionals, and organizations that collect, use, store, or transfer personal data, regardless of their size or sector.
Personal data is any information concerning an identified or identifiable individual. This includes names, addresses, phone numbers, email addresses, and any other data that can be used to identify a person directly or indirectly.
Sensitive data refers to personal data that, if misused, could significantly affect an individual's privacy or lead to discrimination. This includes data related to racial or ethnic origin, health status, genetic information, religious beliefs, political opinions, sexual orientation, and union membership.
The National Institute for Transparency, Access to Information and Personal Data Protection (INAI) was the main regulatory body responsible for overseeing compliance with the LFPDPPP. The INAI was eliminated and now data protection falls under the Secretariat of Anti-Corruption and Good Governance.
The law does not apply to individuals who use personal data for personal or household purposes, or to entities that process data solely for journalistic, artistic, or literary purposes. Certain government entities are also regulated under a different legal framework.
For more information, you can visit the official website ofthe Secretariat of Anti-Corruption and Good Governance. The site provides some information about data privacy following the closure of Mexico’s National Institute for Public Information Access and Personal Data Protection (INAI).
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