In compliance with internal Law regarding the conclusion and approval of International Treaties, on June 12, the President published in the Official Gazette of the Federation a decree by means of which he communicates that the Senate approved 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 (the “Protocol”), opened for signature in Strasbourg, France, on January 28, 1981, and November 8, 2001, respectively.
Now, the Executive Branch shall deposit, before the Secretary General of the Council of Europe, the instrument of accession to the treaty and its protocol, whereupon Mexico will formally become a member of the so called “Convention 108”.
The adhesion by the Mexican State to Convention 108 will strengthen in Mexico the protection to the fundamental right to the protection of personal data, and will facilitate the transfer of data between Member States, which will positively impact commercial relationships. Also, it is likely that in the near future this accession and other changes in the matter will lead to reforms to the Mexican data protection law.
The decree whereby Convention 108 and its Protocol are approved may be read, in Spanish, in the following link: http://dof.gob.mx/nota_detalle.php?codigo=5526265&fecha=12/06/2018