MEXICO Law and Practice Contributed by: Alejandro Mendiola Diaz and Gunter A. Schwandt G, Nader Hayaux & Goebel
intimate content on social media, a growing concern in the digital age. Financial Sector Cybersecurity Regulation The CNBV is responsible for overseeing incidents within the financial sector. CNBV ensures that finan - cial institutions mitigate risks that could compromise the confidentiality, integrity, or availability of banking systems. It monitors and supervises the response to security breaches, data loss and other violations of financial security regulations. Banxico, as the central bank, also plays a critical role in securing the financial sector against cyber threats. In response to the growing number of cyber-attacks targeting financial systems globally, Banxico works closely with financial institutions, sector regulators and law enforcement. In 2018, Banxico spearheaded the formation of a Cybersecurity Incident Response Group, which collaborates with the Attorney General’s Office and other stakeholders to enhance coordinated responses to major security incidents. Data Protection The National Institute for Transparency, Access to Information, and Personal Data Protection (INAI) his - torically served as Mexico’s primary autonomous authority responsible for personal data protection and the public’s right of access to information. Because the protection of personal data is closely linked with broader cybersecurity objectives, INAI played a key role in shaping digital privacy safeguards and trans - parency practices under its autonomous mandate until 2025. Following a constitutional reform published in 2024 and the enactment of new transparency and data pro - tection laws in 2025, the INAI was dissolved, and its statutory powers and functions were transferred to the Ministry for Anti-Corruption and Good Govern - ance, Secretaría Anticorrupción y Buen Gobierno , MAGG. Under the new legal framework, the Minis - try now oversees data protection matters, replacing INAI’s autonomous role. Additionally, a new decentral - ised administrative body, the People’s Transparency Authority ( Transparencia para el Pueblo ), was created to act as the federal guarantor of the right to access
information, while data protection functions remain within the Ministry’s structure. This institutional shift has raised concerns among civil society, privacy advocates, and legal commentators about the potential impact on institutional independ - ence, enforcement efficacy and the robustness of data protection policies, especially given the close relationship between privacy rights, accountability mechanisms and evolving cybersecurity threats. The long-term effects of transitioning from an autonomous regulator to a ministry-led model on cybersecurity governance and privacy enforcement are unfolding. Cybersecurity in Critical Infrastructure The National Guard ( Guardia Nacional ) has a spe - cialised cybersecurity unit dedicated to supporting agencies managing critical infrastructure. This unit’s responsibilities include: • identifying and assessing cybersecurity threats; • managing cybersecurity incidents; • acting as a national point of contact for cyber threats; and • conducting digital forensics to assist law enforce - ment agencies in investigating cybercrimes. In addition, the National Guard provides cyberse - curity assistance to state authorities, reinforcing the protection of both federal and regional infrastructure. This coordination aims to create a unified response to protect national security and critical systems from cyber-attacks. Other Governmental Involvement While the agencies outlined above are among the most prominent players in Mexico’s cybersecurity regulatory environment, other governmental bod - ies indirectly contribute to cybersecurity efforts. For example, the Ministry of Infrastructure, Communica - tions and Transportation ( Secretaría de Infraestructura, Comunicaciones y Transporte ) has a role in regulating digital infrastructure and overseeing the integrity of communication networks.
249 CHAMBERS.COM
Powered by FlippingBook