MEXICO Law and Practice Contributed by: Ricardo García Giorgana, Carlos Chavez Alanis and Xavier Careaga Franco, Galicia Abogados
The IFT may exempt authorisation for earth sta - tions that meet established standards and do not interfere with other telecommunications sys - tems. These authorisations are valid for up to ten years and can be renewed for equal terms. Applications must be resolved within 30 busi - ness days, and if no decision is issued within this period, the authorisation is considered granted. 6.2 Net Neutrality Regulations The FTBL enshrines net neutrality principles, requiring internet service providers (ISPs) to ensure users can freely access legal online content, applications and services without dis - crimination, restriction or limitation. Exceptions include national emergencies, public safety and preventing network damage. ISPs must inform users about any limits or restrictions and are permitted to manage network traffic, provided such management is reasonable and non-dis - criminatory. In 2021, the IFT issued guidelines on traffic man - agement and internet administration to clarify net neutrality principles. These guidelines address traffic management, ISP services, reducing the digital divide, transparency and IFT monitoring. However, the guidelines are criticised for their weaknesses, including ineffective enforcement against practices like paid prioritisation and insufficient transparency regarding network traffic management. ISPs must publish a Traf - fic Management and Network Administration Policy, but compliance and clarity remain issues. 6.3 Emerging Technologies Mexico’s approach to emerging technologies is inconsistent. Often, regulators and lawmak - ers adopt a “wait and see” approach, espe - cially in areas like AI and self-driven vehicles. Proper study and engagement with stakehold - ers, including experts, academics and industry
representatives, alongside comparative reviews of international frameworks, could lead to more effective regulation. In other cases, such as the Fintech Law, Mexico has acted quickly, becoming a global pioneer in regulating financial technology. These swift actions are often driven by pressure from inter - est groups or political and media attention fol - lowing high-profile events. However, rapid regu - latory responses sometimes fail to account for the nuances of emerging technologies, as seen in recent laws addressing mobility and delivery app workers or temporary service apps, which misunderstand key differences between these technologies and their traditional counterparts. Mexico currently lacks a centralised and coher - ent strategy for addressing emerging technolo - gies or fostering technological innovation. How - ever, the creation of a Technology and Innovation Secretary under the new government signals potential changes. Several regulations related to TMT have been identified as government pri - orities. For companies incorporating TMT features or operating in the TMT sector, proper legal due diligence and compliance programmes are essential. Navigating grey areas of regulation presents varying levels of comfort depending on the company’s risk tolerance. High-reward emerging technologies inherently carry regula - tory risks that must be addressed proactively. 7. Challenges with Technology Agreements 7.1 Legal Framework Challenges One significant challenge in the technology sector is the lack of contract standardisation,
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