Federal Cybersecurity Law

Mexico City October 12, 2023.

The «Federal Cybersecurity Law» bill presented by Congressman Javier Joaquín López Casarín in April 2023 proposes the creation of a legal and operational framework for new cybersecurity authorities and the definition of crimes, homologated with those provided for in the Budapest Convention.

The Budapest Convention of the Council of Europe of 2001 aims to establish an international legal framework for cooperation on cybercrime. Mexico only has observer country status, as it has not ratified the Convention. The States Parties must implement two specific issues: i) Criminalization of cybersecurity-related offenses and ii) Giving the competent authorities tools and powers to investigate and punish the commission of these offenses.

In this sense, the bill proposes the creation of new crimes and institutions, such as the «National Cybersecurity Agency» and a specialized cybercrime prosecutor’s office. In addition, it grants cybersecurity powers to the Ministry of National Defense and the Ministry of the Navy and proposes the appointment of specialized judges in this area.

The proposed law also establishes obligations for private parties, including the notification of cybersecurity incidents, the presence of a legal representative in Mexico, and the creation of cybersecurity incident response units.

This initiative is currently in the Chamber of Deputies in the United Commissions of Citizen Security and Science, Technology, and Innovation for assessment. Therefore, if a favorable assessment is obtained, the initiative could be discussed in the Chamber of Deputies during the current session from September 1 to December 15. Likewise, civil society and private industry have expressed their concerns about the possible human rights violations that could result from its implementation. The proposed law would substantially modify the legal framework for both authorities and private parties, and its discussion should be closely followed. If you need further information on this matter please let us know.

SINCERELY:

Adolfo Athié Cervantes

aathie@basham.com.mx

Renata Denisse Buerón Valenzuela

rbueron@basham.com.mx

Erika Itzel Rodríguez Kushelevich

erodriguez@basham.com.mx

Ivan Garcia Argueta

igarcia@basham.com.mx