MEXICO Law and Practice Contributed by: Ricardo García Giorgana, Carlos Chavez Alanis and Xavier Careaga Franco, Galicia Abogados
complexities of AI, underscoring the need for comprehensive legislation. In the realm of IP, Mexican law explicitly limits patent protections to human creations. AI can - not be recognised as an inventor, and literary, artistic or software-related works are excluded from patent protection. This restriction highlights the broader challenges in adapting existing legal frameworks to the evolving realities of AI innova - tion and use. Comprehensive legislation is nec - essary to provide clarity, close regulatory gaps and promote the responsible development and application of AI in Mexico. Deepfakes Deepfakes are partially regulated in Mexico, pri - marily through existing privacy and copyright laws. Likeness, image and voice are protected as personal data under privacy laws, requir - ing the data owner’s consent for use. These elements are also safeguarded by the right to self-image, which requires authorisation for their use. Mexico City has a specific law for protect - ing individuals’ images, with limited exceptions. Additionally, laws addressing violence against women and criminal codes prohibit impersona - tion and related acts, potentially categorising certain deepfake misuses as digital violence or privacy infringement. However, criminal law in Mexico requires precise application, leaving some cases in legal grey areas. For example, a recent case involving AI-generated porno - graphic impersonation resulted in acquittal due to insufficient authorship evidence. Concerns about financial fraud, health risks and electoral manipulation are growing, making deepfake reg - ulation a likely legislative priority given Mexico’s high levels of fraud and deception. The broader absence of AI-specific regulations complicates determining rights and responsibilities for AI-
generated works, underscoring the need for comprehensive legislation. Self-Driven Cars and Drones Self-driven vehicles remain unregulated in Mexi - co. While some legislative groundwork has been attempted, general transportation and vehicle regulations, along with civil liability and tort laws, currently apply. However, issues specific to autonomous vehicles, such as safety standards, testing protocols, infrastructure requirements and privacy concerns, lack dedicated regulation. Drones, by contrast, are subject to specific regu - lations under the Civil Aviation Law and NOM- 107–SCT3-2019. This standard categorises remotely piloted aircraft systems (RPAS) based on their maximum take-off weight (MTOW), with heavier drones requiring registration. Restric - tions apply to certain areas, including airports, military zones and populated areas. Operational limits also regulate height, speed, night flights, meteorological conditions and proximity to peo - ple. Insurance and safety measures are mandat - ed to ensure responsible use. 4. Internet of Things 4.1 Machine-to-Machine Communications, Communications Secrecy and Data Protection Internet of Things (IoT) Mexico does not have specific IoT legislation, but various laws address related aspects. Priva - cy laws regulate IoT devices that collect person - al data, including metadata such as browsing history, geolocation and digital behaviour, when linked to identifiable individuals. Consumer pro - tection laws cover product safety, warranties and transparency about IoT device functionality. Copyright law protects software embedded in
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