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Mexico - Procuraduría Federal del Consumidor

Mexico has no specific law to combat spam; neither is there a law on data privacy. Nonetheless, currently discussions are been held in the Mexican Congress to analyze the draft of a data privacy law that may include a specific chapter regarding spam issues. It is important to clarify that Profeco is not the Mexican authority in charge of combating spam. Nowadays, several Mexican federal governmental agencies, including the Federal Telecommunications Commission, the Economy Ministry and Foreigner Affairs Ministry are analyzing the need to create an inter-governmental working group, in order to be prepared to carry out the works done within the OECD.
Mexico is aware of the need to establish principles to protect consumers in the context of electronic commerce. In 2000, the Procuraduría Federal del Consumidor, Profeco (Office of the Federal Attorney for Consumer Protection) of Mexico reformed the Federal Law for Consumer Protection (FLCP) to add one chapter related, in general, to consumer protection in the context of electronic commerce. The amendments provide that "suppliers shall respect consumer's choice not to receive commercial advertising". These provisions could be interpreted in such a way to include spam under those articles.Further amendments to the FLCP completed on 11 December 2003, and in place since May 2004, were introduced in order to protect aspects related to privacy data.

Competent authority Procuraduría Federal del Consumidor
Regime: Opt-out
Contact person
Procuraduría Federal del Consumidor
Patricia Ruiz Velasco
Director of International Affairs
Tel: + 52 55 56 25 67 00 
Relevant legislation in place
  • Ley Federal de Protección al Consumidor - Article 17 - Commercial messages or advertising sent to consumers, should indicate the name, address, telephone and, where applicable, the e-mail address of the provider, and of the business that sends the ads on behalf of providers. The consumer will demand directly from specific providers and businesses using its information for marketing or advertising purposes, that he does not wish to be molested at home, or at work, e-mail address or any other mean, in order to offer goods, products or services, and not to receive advertising. Likewise, the consumer will be entitled to inform providers or businesses using its information for marketing or advertising purposes, that his/her personal data must not be transmitted or shared with third parties, unless that transmission is determined by a judicial authority. 
    Article 18 - The Procuraduría could develop, where applicable, a consumers' public registry which could list those not wishing their personal data to be used for marketing or advertising purposes. Consumers could notify the Procuraduría by letter or email of its inscription request to the said registry, which will be at no cost. Article 18 bis.- It is forbidden for providers and businesses as well as its customers that use consumers' information for marketing or advertising purposes, to use the information related to consumers for purposes other than those of marketing or advertising, as well as sending advertising to consumers that have expressly requested not to receive it or that are subscribed to the registry referred to in the aforementioned article. Providers that are the object of advertising are solidary responsible for the management of consumers' information when such advertising is sent through third parties.
  • If there is any breach against the dispositions foreseen in these articles, Profeco is able to impose a sanction that may start from $30 American dollars up to almost $100,000 American dollars.
International cooperation
News and information

Non-institutional sources of information:

"Overview of Mexico's Legislation to Combating spam", C. Velasco, 
"Mexico's Experience in Combating Spam. A Legal Perspective From a Consumer Advocate" C. Velasco.

North American Consumer Project on Electronic Commerce

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Contact for this page : Strategy and Policy Unit
Updated : 2011-04-04