Communication regarding Mexican Data Privacy Protection

Abogados: Luis Burgueño

Archivo PDF: images/PDF_news/2016/20160725_DPLC_EN25c.pdf

PDF:

Noticia en Español: Comunicado sobre Protección de Datos Personales en México

We hereby inform you that on July 21 st , 2016, the National Institute of Transparency, Information Access and Data Protection (the "INAI"), the Mexican regulator in charge of monitoring and assessing compliance with the Federal Act on the Protection of Personal Data held by Private Individuals (the "FAPPDPI"), issued a decision whereby it establishes that employees' databases are not owned by the employers (the Companies) and therefore the employers cannot use such information beyond the provisions established by the FAPPDPI. Under the decision issued by the INAI, the employees are the owners of their personal data while the employers are not.

Below you may find a brief summary of the decision abovementioned:

"When the usage of the personal data has the purpose of complying with an obligation, arising from a legal relationship, in this case a labor relationship, it cannot be argued that such personal data were collected for personal usage.

The personal data related to either an employee or a former employee, such as his/her position, e-mail address, salary and other related information are personal data that shall be processed under the principles, obligations and rights established under the FAPPDPI.

The personal data that employers store in their files or databases is not their property."

We hope you find this information useful.

Should you have any questions or require further information related to the above please

feel free to contact us.

Luis Burgueño, Partner:+ 52 (55) 5258-1003, This email address is being protected from spambots. You need JavaScript enabled to view it.

Additional information

We have a team of more than 150 lawyers (including 24 partners, 6 of counsel, and 10 counsel) and legal interns, plus administrative staff.

German

For thirty-four years, Von Wobeser y Sierra has worked with German international companies, many of them leaders in their industries. The firm offers multidisciplinary advice backed by a team of German-speaking lawyers who are familiar with German business culture.

The German Desk of Von Wobeser y Sierra includes German and Austrian attorneys with legal educations in their home countries and Mexican lawyers with broad experience. Together they form a partnership that understands German values and mentality and knows the language. This allows them to provide legal advice that is directed to the needs of the clients and assists them in planning and implementing their commercial activities in Mexico.

The members of the German Desk of the firm are specialists in the main practices and industries of the Mexican business environment and have proven knowledge of the fundamental economic factors and dynamics. Thus, they can offer quality services that align with the opportunities and challenges of the country.

For more than three decades the German Desk of Von Wobeser y Sierra has accompanied numerous German companies in the development of their business and commercial activities through specialized counseling that has served to successfully conclude multiple international transactions. In order to maximize the opportunities and minimize the risks associated with the regulatory environment of the market, we encourage the ongoing and up-to-date education of our lawyers and we actively monitor the changes to the legal framework.

Since its creation, the German Desk has been a specialized communication channel and, as such, has facilitated and optimized the legal advice we provide to an essential segment of our clients. The common language and roots and the collaboration we maintain with the other members of the firm – in addition to the experience and skills of the Desk itself – allow us to guarantee top-quality multidisciplinary counsel.

Partners in the Desk

Claus von Wobeser

Rupert Hüttler

Edmond Frederic Grieger

Katharina Roehr

Of Counsel in the Desk

Edmund Duckwitz

Associates in the Desk

Anna-Maria Brandstädter

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