On 21 August 2023, the decree by which the Influencers Advertising Guide of the Federal Consumer Protection Office (PROFECO) was published, which is a reference tool for content creators, influencers, and the general public for due compliance with the provisions on advertising established in the Federal Consumer Protection Law.
This January 2023, the Law for Improper Advertising Practices was declared unconstitutional by the Supreme Court of Justice, considering that it violates the human rights of freedom to work, free contracting, freedom to trade and autonomy of will. However, this ruling is one isolated criterion which is not binding and has no general application yet, as it will only protect those who are parties in the “amparo” action that gave origin to the court ruling (since it is not a general declaration of unconstitutionality). Nonetheless, this is an important precedent that should be used by all the courts to grant the “amparos”, and also will help to pursue in the future a general declaration of unconstitutionality.
Explore Data PULSE, a platform which helps you to navigate the complex landscape of data, regulatory and IP protection concerns at each stage of the medical product life cycle. As you navigate through each key issue, Data PULSE will help you to identify and mitigate risks across multiple jurisdictions and optimize your strategy through research, market authorization and post-market study phases.
On 13 April 2022, an agreement issued by Technical Council of the Mexican Social Security Institute was published in the Official Gazette of the Federation. Through the agreement, the Council approved the General Guidelines for compliance with the obligation established in the third paragraph of Article 15 A of the Social Security Law. The Guidelines regulate the presentation of information regarding providers of Specialized Services through the Information Platform for Specialized Services or Works Contracts.
To highlight data security and privacy laws and developments that are already in place, or in progress, in Africa, the new Baker McKenzie Africa Data Security and Privacy Guide outlines information on country-specific data privacy and security laws in 11 countries in Africa – Ghana, Kenya, Madagascar, Mauritius, Morocco, Nigeria, Rwanda, South Africa, Togo, Uganda and Zimbabwe
The latest iteration of our annual Digital Transformation and Cloud Survey features insights from 500 global respondents, who cite heightened attention on and investment in cybersecurity, AI and the cloud as indicators of digital transformation being an integral part of enterprise thinking and planning. In this report, we provide these results together with insights from our almost decade of surveying the marketplace and thought leadership in digital transformation and cloud.
Deciphering Data, Baker McKenzie’s global webinar series on data privacy and security, aims to help you decode complex developments in cybersecurity, data protection, workplace privacy, regulatory updates, litigation and enforcement. There are a series of discussions on data protection in Latin America from Tuesday 7 September 2021 – Thursday 9 September 2021.
On 11 May 2021, the ”Draft Modification of the Mexican Official Standard NOM-151-SCFI-2016, Requirements to be observed for the conservation of data messages and digitalization of documents, published on 30 March 2017” (”Project”) was published in the Official Gazette of the Federation. The Project aims to regulate and approve the rules applicable to the communication and transmission of data messages through ”certified electronic communications.”
In brief The amendments to the Law that oblige financial institutions to obtain and store real-time geolocation of clients’ mobile devices went into effect in a staggered manner and by sector As of 21 March 2021. The National Banking and Securities Commission (CNBV) will verify that financial institutions comply with…
On 4 November 2021, the Federal Consumer Protection Agency (PROFECO) issued two draft agreements relating to electronic commerce: the guidelines on the Ethical Code on Electronic Commerce (“Code of Ethics”) and the guidelines on the launch of the so-called “Distintivo Digital PROFECO”. The Code of Ethics seeks to establish a set of values and principles for online service providers to protect rights of consumers, promote a culture of responsible consumption, and protect human rights and vulnerable populations. The Distintivo Digital PROFECO, on the other hand, will act as a seal of confidence, with official recognition. Endorsed by PROFECO, it will be granted to online providers that, under PROFECO criteria, fully comply with consumer protection rules and the Code of Ethics.