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Mexico
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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
Mexico
Tel: + 52 55 56 25 67 00
Email: pruizv@profeco.gob.mx
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| 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.
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| International
cooperation |
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| News
and information |
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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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