Protection Of Personal Information In Light Of The Amendments To The Mexican Labor Law On Teleworking.

• Published date: 18 January 2021
• Subject Matter: Privacy, Data Protection
• Law Firm: OLIVARES
• Author: OLIVARES

On Tuesday, January 12, 2021, a decree was published in the Federal Official Gazette amending various provisions of the Mexican Labor Law, in order to introduce a chapter regulating 'Teleworking' in Mexico.

While this amendment impacts primarily on labor issues, it also includes various obligations that influence the protection of personal information, since it widens the regulation of the relationship with the employees opting for this Teleworking modality, which has become a constant in these times of health restrictions resulting from the COVID-19 pandemic.

Regarding the protection of personal data, the following is relevant:

• The conditions for teleworking must be stated in writing, and the mechanisms for contact and supervision between the parties must be specified, as well as the duration and distribution of working schedules.
• Employers must implement mechanisms that preserve the information and data security used by workers in teleworking modality. Likewise, employers must respect employees' right to disconnect from work in the teleworking mode.
• On the other hand, employees must comply and use the mechanisms and operating systems that allow the...