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  • Writer's pictureSámano Abogados

Personal Data. The Interior Ministry Publishes Guidelines for Privacy Notices

[20/01/2013].


On January 17, 2013 the Ministry of Economy published in the Official Federal Gazette the guidelines that Privacy Notices must comply with for the implementation of the regulatory framework on the protection of personal data and to standardize the drafting of the privacy notices established in the Federal Law for Protection of Personal Data in Possession of Private Parties (the Law) and its Regulation, as well as to elaborate on the self-regulatory elements that govern its application.

The guidelines establish definitions that the law and its Regulation had overlooked, mainly related to electronic commerce matters. Also, very specific rules are established for the drafting, dissemination, form and content of the Privacy Notices, as well as the cases in which a simplified or short privacy notice can be used, or when it will be necessary to draft a new one, as well as the minimum elements they must have in each case.

With these Guidelines legal certainty is generated for the holders of the personal data, and for the private parties responsible for complying with the obligations imposed on them by the Law and its Regulation.

An Annex is also included called “Good Practices in the Privacy Notice”, which present a list of what is considered a “good practice” in the area, the insertion of these clauses being optional for the private parties.

These guidelines will enter into force three months after their publication and may be consulted at: http://dof.gob.mx/nota_detalle.php?codigo=5284966&fecha=17/01/2013.

If you would like to learn more about this topic please contact Cristina Loera.



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