On September 28, 2018, a decree stating the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (“Convention 108”) and its Additional Protocol regarding Supervisory Authorities and Transborder Data Flows enter into force on October 1, 2018, was published in the Official Gazette. With this, Convention 108 and its Protocol are binding for Mexico.
Convention 108 and its Protocol are intended to guarantee the right to privacy of any individual in relation to the automated processing of personal data. The principles and other provisions contained in these instruments are applicable both to the processing of personal data by public and private entities.
In relation to cross-border flows of data, Mexico acquires two commitments: a) to facilitate the flow of personal data between Mexico and other member states and; b) establish requirements to ensure adequate protections in the transfer of data that is carried out between Mexico and States not parties to the Convention. Mexican legislation will have to undergo modifications in this regard.
Undoubtedly, the entry into force of Convention 108 and its Protocol for Mexico represents a great step in the evolution of the matter in the country and entails great opportunities, among others, with respect to trade relations with Europe.
The decree whereby Convention 108 and its Protocol are published, can be found (in Spanish) at: https://dof.gob.mx/nota_detalle.php?codigo=5539473&fecha=28/09/2018
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