MEXICO Trends and Developments Contributed by: Bernardo Martínez-Negrete, Lisandro Herrera Aguilar and Martha Contreras Secchi, Galicia Abogados, SC
Introduction Digital healthcare, as defined by the World Health Organization (WHO), refers to the use of elec- tronic information and communication technolo- gies to enhance healthcare services, including patient monitoring, diagnostics, medical educa- tion, and research. Although the term emerged in the 1990s, its significance surged globally dur- ing the COVID-19 pandemic. Currently, digital healthcare in Mexico stands at a critical juncture – widely used in practice yet lacking the regu- latory clarity needed to support its sustainable growth. The pandemic accelerated the adoption of tools like telemedicine, mobile health apps, electronic health records (EHRs), and software- based diagnostics across both the public and private sectors. These innovations have proved their value in improving access to care, especially in remote areas, and optimising resources within an over- stretched national health system. However, this momentum faces structural barriers: limited digi- tal infrastructure, significant disparities in inter- net access between urban and rural populations, and outdated or fragmented legal frameworks that have not kept pace with technological pro- gress. The absence of comprehensive regulation leaves healthcare providers and tech developers navigating legal grey areas. While several digital healthcare initiatives are active across the coun- try, and new legislation is being discussed in Congress, the gap between technological inno- vation and enforceable regulation continues to grow. Regulatory Framework One of the central issues with digital healthcare in Mexico is the lack of clear, cohesive regula- tion. Technology often evolves faster than leg- islation, creating a disconnect between what is practised and what is regulated. While some
countries have developed frameworks or guide- lines (eg, the EU’s approach to AI regulation), Mexico has largely relied on isolated efforts. The National Center for Technological Excellence in Health (CENETEC) is tasked with producing digital healthcare guidelines, but these are non- binding and not widely implemented. Efforts to integrate digital healthcare into Mex- ico’s legal framework have evolved gradually and remain fragmented. The process began in 2010, when CENETEC started collecting data and issuing preliminary guidance on the use of information and communication technologies in healthcare. Legal milestones followed in 2012 and 2013, when reforms formally recognised the validity of digital medical records and authorised telemedicine as a means of delivering medical care. That same year, the Telecommunications Reform elevated digital policy to a federal status, promoting investment in digital infrastructure and laying the foundation for telehealth expan- sion. In 2018, the issuance of electronic prescriptions was legalised, marking another step forward in enabling digital healthcare tools. Throughout this period, CENETEC has also published a range of soft law documents – guidelines and technical criteria – addressing digital healthcare and tel- emedicine; however, their impact has been lim- ited due to their non-binding nature and minimal dissemination. More recently, between 2021 and 2024, legisla- tive interest in emerging technologies expanded to include AI, a development with direct implica- tions for digital healthcare. Among the proposals are: • the Law for the Ethical Regulation of AI and Robotics, which centres on human rights and
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