Privacy Notices in Mexico
Privacy notices play a vital role in Mexico's data privacy framework, and companies and organizations must provide individuals with clear and concise information about the processing of their personal data to ensure transparency and compliance with Mexico's data privacy regulations.
When ensuring that their privacy notices are effective and compliant, companies build trust with customers and prevent potential fines or penalties for non-compliance with data protection regulations.
As mandated by the Federal Law on Protection of Personal Data Held by Private Parties (Ley Federal de Protección de Datos Personales en Posesión de Particulares or LFPDPPP), a privacy notice (“aviso de privacidad”) is a document that aims to inform individuals about how the organization will process their personal data.
What privacy notices in Mexico should contain
Data controllers have the obligation to provide individuals with clear and concise information about the processing of their personal data. This information should be presented in a straightforward manner and avoid the use of sophisticated, complex, or confusing language that could mislead or confuse the reader.
In order to be effective and compliant with Mexico's data privacy regulations, privacy notices must include certain elements. These elements include:
- the identity and address of the data controller;
- the purpose of the data processing;
- the means by which data subjects can limit the use or disclosure of their data;
- the channels through which they can exercise their ARCO rights;
- any data transfers that the company carries out;
- a statement on whether sensitive data is being processed;
- the procedure for communicating changes to the privacy notice.
According to the relevant executive regulation (RegLFPDPPP), the privacy notice should also include information about the requirements for obtaining consent, the means by which the controller can provide access to information in response to access requests, and a description of the processing activities involved in data transfers, both within the country and internationally.
When to communicate the privacy notice
Companies and organizations are required to provide the full privacy notice before collecting the data. This also encompasses the collection of personal data through the internet or any other technological means.
How to write a compliant privacy notice
To fulfill their obligation to provide privacy notices, companies and organizations must conduct a comprehensive assessment of their data processing activities. This includes identifying the means by which personal information is obtained, the flow of data within the organization, the purposes for which the processing is carried out, the types of data being processed, and any possible transfers of information. Additionally, the mechanisms by which data subjects can exercise their rights must be described.
While this can be a complex and time-consuming process, it is essential for companies to have a clear understanding of their data processing activities to comply with Mexico's data privacy regulations. To ensure that their privacy notices are effective and compliant, companies may benefit from working with expert consulting firms that can assess their data processing activities and provide guidance on how to create effective privacy notices. This can help companies avoid potential fines or penalties for non-compliance and build trust with their customers by being transparent about how their personal data is being used.
At FIRST PRIVACY, our team of international professionals can assist companies in navigating this task by recording and analyzing all processing activities.
Fábio Cavalcante, LL.M.
Senior Privacy Counsel
Phone: +49 421 69 66 32-886