MEXICO Trends and Developments Contributed by: Francisco de Rosenzweig, Enrique Espejel, Fernando García Gómez and Yuriria Galicia, White & Case, S.C.
and international regulations, particularly con- cerning digital payments and international trade. E-commerce companies will need to adopt secure and transparent systems to mitigate the growing risks of litigation in an increasingly regu- lated market. Digital banking litigation As e-commerce expands, so does the scope of digital banking, driven by the evolving needs of financial system users. Consequently, judicial disputes related to digital banking are becom- ing more common. Currently, the criteria and precedents being issued in this area are still in a learning phase, which is expected to stabilise over time, allow- ing for a better balance between the needs of financial system users and the operations of the banks involved. This balance is essential to cre- ating a framework for efficient dispute resolution in digital banking matters. At present, judicial decisions typically place the burden of proof on the banking institution, requiring it to demonstrate, through expert and documentary evidence, that its digital banking system remains secure and that the disputed transaction was indeed authorised by the user. This presents a significant challenge for banks, as the evidentiary process must follow strict pro- tocols to ensure the evidence is duly considered. In addition, judicial criteria have gradually begun to involve third parties in digital banking dis- putes, such as those who improperly received funds from an electronic transfer not recognised by the user. This approach aims to ensure the proper return of disputed funds.
Overall, digital banking procedures are currently expanding and developing, with further adjust- ments expected as more cases arise. National Code of Civil and Family Procedures In 2017, Congress enacted constitutional amendments aimed at improving the adminis- tration of justice. One such modification granted the Federal Congress the authority to create a single procedural code for civil and family mat- ters. Previously, each state could adopt its own procedural code, resulting in contradictory pro- visions across the country (reasons for filing a divorce petition, evidence requirements, etc). Congress was required to issue the National Code of Civil and Family Procedures by 16 March 2018, but missed the deadline. The Code was finally enacted in 2023, following a ruling by the Supreme Court in amparo 265/2020, which compelled Congress to act. According to the transitional provisions of this new code, local congresses and the Federal Judiciary have until April 2027 to implement the code within their jurisdictions. The National Code of Civil and Family Proce- dures includes key provisions aimed at: • facilitating access to justice, such as obliging local judicial entities to implement electronic systems; • reforming the admission of evidence, moving away from a formalistic tradition and ensuring decisions are made on substantive grounds rather than technicalities; • offering additional protection for children and vulnerable individuals; • establishing rules for meetings with judges and magistrates in their private chambers; and
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