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Daniel Villanueva-Plasencia

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Daniel Villanueva Plasencia is a partner in the Intellectual Property Practice Group at Baker McKenzie Guadalajara. With over 15 years of experience, he specializes in data privacy, information security, and cybersecurity matters. His expertise extends to regulatory issues related to information technologies and consumer protection, as well as intellectual and industrial property – with a particular focus on digital environments, including the use and licensing of trademarks, patents, and copyrights. Daniel holds the Certified Information Privacy Administrator (CIPM) recognition from the International Association of Privacy Professionals. In 2022, Daniel was honored with the Innovation and Best Practices in Data Protection award by the National Institute of Transparency, Access to Information and Protection of Personal Data (INAI). Additionally, Daniel, obtained a certification as an Artificial Intelligence Compliance Officer from NYCE. Prior to joining the Firm, Daniel was a founding partner at a local firm in Guadalajara, Jalisco. Over the last eight years, Daniel has also been an instructor for the intellectual property class at the Tecnológico de Monterrey, one of Mexico's most prestigious universities.

Telecommunications concessions and authorization holders and other companies that own or use telecommunications or broadcasting infrastructure must provide certain information to the Federal Telecommunications Institute through the National Information and Infrastructure System (Sistema Nacional de Información e Infraestructura (SNII)). The obligation to report such information is effective as of July 2024. The SNII is a database that will contain information on active infrastructure and means of transmission, passive infrastructure, rights of way and public and private sites used by operators providing telecommunications or broadcasting services.

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.

On 20 April 2023, a bill of law was published, approval pending, to amend the Federal Consumer Protection Law to prohibit suppliers of goods, products or services from charging a commission or additional fee to consumers when they use a debit or credit card as a payment method instead of cash. The foregoing is motivated by the fact that this practice of some suppliers is detrimental to the consumers’ economy and discourages the use of debit or credit cards as a payment method.

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.