MEXICO Trends and Developments Contributed by: Francisco de Rosenzweig, Enrique Espejel, Fernando García Gómez and Yuriria Galicia, White & Case, S.C.
tage. This decision contributed to the already strained relationship between the Executive and the Judiciary, as the energy sector reform had been a high-priority initiative for President López Obrador. This tension, along with other prece- dents mentioned earlier, was one of the factors that led to the Judicial Reform and the consti- tutional initiative to change the rules governing the energy sector. Data protection/cybersecurity Cybersecurity issues in Mexico are expected to see significant growth due to heightened regula- tory enforcement and increased cyber threats. Regulatory bodies such as the National Institute for Transparency, Access to Information and Personal Data Protection are placing greater emphasis on data protection, leading to stricter oversight of companies’ cybersecurity prac- tices. Data breaches and failure to implement adequate cybersecurity measures are likely to result in more frequent lawsuits and administra- tive penalties, particularly for companies in the tech and e-commerce sectors that handle large amounts of sensitive consumer information. As cyber-attacks become more sophisticated, companies may face litigation not only from regulators but also from consumers and busi- ness partners. Data breaches that cause finan- cial losses or expose personal information are expected to lead to collective actions, with courts scrutinising companies’ data protection and incident response protocols. The rise of ransomware and phishing attacks also intro- duces legal complexities, as companies seek to recover losses and address liability for damages caused by cyber incidents. Cross-border cybersecurity issues are another concern, particularly as Mexican companies increasingly rely on global technology platforms.
Disputes over the international transfer of data and compliance with international cybersecurity standards, such as those outlined in the United States-Mexico-Canada Agreement (USMCA), are expected to generate litigation. Companies will need to develop robust data protection and cybersecurity strategies that comply with both domestic and international regulations to miti- gate legal risks. This area of law may also be affected by the Con- stitutional reforms currently under discussion in Congress. One such reform seeks to dismantle the National Institute for Transparency, Access to Information and Personal Data Protection as an autonomous entity, returning its responsibili- ties to the Executive Branch. E-commerce E-commerce litigation in Mexico is expected to intensify in 2025 due to increased regulatory scrutiny and evolving legal frameworks. Regu- latory bodies like the Mexican Consumer Pro- tection Agency (PROFECO) are focusing more on consumer protection, pushing e-commerce platforms to ensure full compliance or face sig- nificant legal risks. Key areas of concern include transparency in online transactions, proper han- dling of personal data and adherence to refund policies, all of which are becoming focal points in consumer lawsuits and regulatory actions. The growth of e-commerce is also leading to more lawsuits, particularly those involving claims of misleading advertisements, unfair terms and cross-border disputes. As Mexican courts become more familiar with complex e-com- merce issues, the liability of platforms for third- party seller actions and user-generated con- tent is likely to face increased legal challenges. Cross-border disputes are also on the rise, as companies navigate jurisdictional complexities
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