By José Luis Álvarez
On March 20, 2024, the “DECREE enacting the General Law of Transparency and Access to Public Information; the General Law for the Protection of Personal Data in Possession of Obligated Entities; the Federal Law for the Protection of Personal Data in Possession of Private Parties; and amending Article 37, section XV, of the Organic Law of the Federal Public Administration” was published in the Official Gazette of the Federation, abrogating all of the laws on the matter in force up to that time.
This decree became effective on March 21, 2025. As part of the relevant points of this reform are:
- The disappearance of the National Institute of Transparency, Access to Information and Protection of Personal Data.
- The transfer of powers previously deposited in INAI to the new body called “Transparencia para el Pueblo” (Transparency for the People), a decentralized administrative body of the Anti-Corruption and Good Governance Secretariat.
- The incorporation of new sanctions, infractions and offenses related to data held by private parties.
- The establishment of penalties of up to 320,000 times the Unidad de Medida y Actualizacion (UMA), that is, up to 36 million pesos.
- The possibility that these penalties may be increased by up to two times this amount, in the case of violations committed in the processing of sensitive data.
This could have as a consequence:
- The need to modify the Confidentiality Clauses in employment and commercial contracts.
- The imminent modification of Privacy Notices, adjusting to the new legislation.
- The need for the elaboration of Manuals and Protocols of action in matters of data protection in possession of the companies.
- The harmonization of the mechanisms for access to the exercise of ARCO rights provided by individuals who safeguard personal data.
At Vega, Guerrero & Asociados, we can advise you on the implications that these new provisions may have on the operation of your company.
