"New" Obligation For Businesses

All businesses that make use of data messages whether individuals or entities, (information, sent, received, filed or generated by electronic, optic or of any another media technology) are required to conserve the data messages that reflect contracts, agreements and/or commitments that give birth to rights and obligations, including those entered through web pages or e-mails. The record retention obligation extends for a 10-year term.

The Mexican Official Norm "NOM-151-SCFI-2002, Commercial Practices-Requirements that should be observed for the conservation of data messages" published in 2002, requires that complex technologies, software and specific languages so that the business people comply with the obligation to conserve the data messages that reflect contracts, agreements and/or commitments that give birth to rights and obligations. NOM 151’s complexity impeded its practical implementation, deferring its entry into force as of February 2006, the application of NOM-151-SCFI-2002