Technology Use Policy Mexico (Política de Uso de Tecnología)

A Technology Use Policy Mexico (Política de Uso de Tecnología) is a formal workplace document that establishes the rules, standards, and limitations governing employees' use of company-owned or company-managed information technology resources — including computers, laptops, mobile devices, servers, software, databases, internet connections, corporate email accounts, cloud platforms, and communication tools — within the employment relationship regulated by the Ley Federal del Trabajo (LFT).

The legal foundation for a Technology Use Policy in Mexico rests on several interconnected statutes. Article 422 of the Ley Federal del Trabajo establishes the employer's right to issue the Reglamento Interior de Trabajo (Internal Work Regulations), which governs operational norms within the workplace. A Technology Use Policy typically forms part of, or is annexed to, the Reglamento Interior de Trabajo, which under Article 424 LFT must be deposited with the Secretaría del Trabajo y Previsión Social (STPS) when the company has 20 or more workers. Article 133 LFT prohibits employers from requiring workers to perform activities not stipulated in the employment contract — correspondingly, employers must clearly define the permitted and prohibited uses of technology resources within the employment scope.

The Ley Federal de Protección de Datos Personales en Posesión de los Particulares (LFPDPPP), published in the Diario Oficial de la Federación on 5 July 2010, is central to any Technology Use Policy because Article 3 LFPDPPP defines the scope of personal data protection applicable to all private-sector entities in Mexico. When employees use company systems, two sets of data protection obligations arise: the employer's obligation to protect employee personal data (handled under the employment context aviso de privacidad), and the employer's responsibility to prevent employees from using company systems to process third-party personal data in violation of the LFPDPPP. The Instituto Nacional de Transparencia, Acceso a la Información y Protección de Datos Personales (INAI) enforces the LFPDPPP and may impose fines of 100 to 320,000 times the Unidad de Medida y Actualización (UMA) for violations.

The Ley Federal del Trabajo Article 134, Fraction XIII imposes a statutory duty of confidentiality on workers — they must maintain the secrecy of technical, commercial, and manufacturing secrets, which in the digital era extends to confidential information stored or transmitted through company IT systems. Article 47, Fraction IX LFT establishes that an employer may rescind the employment contract without liability when a worker discloses manufacturing or technical secrets causing harm to the company — this provision directly applies to employees who misuse corporate technology resources to exfiltrate or share confidential data.

The Norma Oficial Mexicana NOM-035-STPS-2018, applicable to all workplaces with more than 50 workers, includes provisions on workplace communication environments (entornos organizacionales) that intersect with technology use — excessive surveillance of workers or unreasonable monitoring of personal communications can constitute a psychosocial risk factor that the employer is required to mitigate under the NOM-035 protocol. A well-drafted Technology Use Policy in Mexico must therefore balance the employer's legitimate interest in protecting IT assets and confidential information with the worker's right to privacy and dignified treatment guaranteed by Article 3 Bis LFT.

The Ley Federal de Telecomunicaciones y Radiodifusión (LFTR), published in the DOF on 14 July 2014, and its implementing regulations establish obligations for the retention of electronic communications data by telecommunications providers — an employer who monitors corporate email or internet traffic as a network operator must comply with applicable data retention and privacy rules under the LFTR and the LFPDPPP to avoid regulatory exposure.

A Technology Use Policy Mexico is needed by any employer — regardless of size, sector, or industry — that provides employees with access to company-owned or company-managed IT resources as part of their job functions. The document becomes legally significant when disciplinary action, termination, or a data breach occurs and the employer needs to demonstrate that clear, documented rules governed the use of technology in the workplace.

The policy is essential when the company operates with a Reglamento Interior de Trabajo registered with the STPS under Article 424 LFT — the STPS inspection guidelines (lineamientos de inspección laboral) specifically review whether internal regulations cover IT and communication technology use, particularly in companies with 20 or more workers.

A Technology Use Policy Mexico is needed when the company processes personal data of clients, patients, students, or other third parties through its IT systems — the LFPDPPP requires that the employer implement technical, administrative, and physical security measures proportional to the sensitivity of the data, and an employee-facing technology use policy is one of the administrative safeguards that the INAI reviews in the event of a security incident or data-breach complaint.

The policy is required when employees work remotely (teletrabajo) under Articles 330-A through 330-K of the Ley Federal del Trabajo — the 2021 teletrabajo reform requires the employer to provide the necessary tools and equipment for remote work, and a Technology Use Policy is the appropriate vehicle to define acceptable use, security requirements (VPN, encryption, screen lock), expense reimbursement limits, and the right of the employer to audit remote equipment under a judicial order.

A Technology Use Policy Mexico is also needed when the company has experienced or anticipates risks related to employees using company systems to access social media, download unauthorized software, connect personal devices to the corporate network, or store company data in personal cloud accounts. Documented acceptable use policies strengthen the employer's position in any rescission proceeding before the Tribunal Laboral or criminal complaint for breach of confidentiality under Article 210 of the Código Penal Federal.

For companies subject to the Mexican Ley del Mercado de Valores (LMV) or regulated by the Comisión Nacional Bancaria y de Valores (CNBV), a Technology Use Policy aligned with cybersecurity frameworks is a regulatory requirement and forms part of the internal control obligations reviewed during CNBV inspections.

A comprehensive Technology Use Policy Mexico must contain the following key elements to comply with the Ley Federal del Trabajo, LFPDPPP, and applicable cybersecurity and data protection standards enforced by the INAI and STPS.

Scope of Application: A clear statement identifying which employees, contractors, temporary workers (trabajadores por honorarios), and interns are subject to the policy, and which IT resources — computers, laptops, mobile phones, tablets, servers, cloud platforms, corporate email accounts, internet connections, internal networks (LAN/WAN/Wi-Fi), video conferencing systems, and any other company-provided or company-managed technology — fall within the policy's coverage. The policy should specify that it applies both at the physical workplace and during remote or hybrid work (teletrabajo or modalidad híbrida) under Articles 330-A–330-K LFT.

Acceptable Use Standards: A detailed description of the purposes for which company technology resources may be used — primarily for work-related tasks — and the limitations on personal use. The policy should clearly distinguish between activities that are prohibited at all times (downloading malware, accessing competitor systems, transmitting confidential company data to personal email accounts, visiting prohibited websites) and activities that are restricted but permitted within limits (limited personal internet use during rest periods). Article 134, Fraction XIII LFT duty of confidentiality should be referenced as the statutory basis for prohibiting employees from sharing or disclosing trade secrets through company or personal technology.

Corporate Email and Communication Tools: Rules governing the use of corporate email accounts (cuentas de correo electrónico corporativo), internal messaging platforms, video conferencing tools, and collaboration applications. The policy must state that corporate email accounts remain the property of the employer and may be monitored for legitimate business purposes within the limits of the LFPDPPP and applicable privacy law — unlimited or covert monitoring of all personal communications without notice is inconsistent with INAI data protection standards and NOM-035-STPS-2018 psychosocial risk provisions.

Device Security Requirements: Specific obligations for protecting company devices, including mandatory use of strong passwords or biometric authentication, automatic screen lock after inactivity, encrypted storage for sensitive data, prohibition on connecting personal USB devices to corporate systems without authorization, and requirements to use the company VPN when working remotely. These technical safeguards reflect the security measures required under Article 48 of the Ley Federal de Protección de Datos Personales en Posesión de los Particulares (LFPDPPP) and its Reglamento.

Social Media and Public Communications: Guidelines on the use of social media by employees — distinguishing between personal social media activity (protected under freedom of expression) and prohibited activities such as publishing confidential company information, disparaging clients or colleagues, or impersonating the company online. Any policy restricting off-duty social media must be carefully calibrated to avoid infringing the employee's constitutional rights under Article 7 of the Constitución Política (freedom of expression) and LFT Article 3 Bis (non-discrimination and dignity at work).

Bring-Your-Own-Device (BYOD) Rules: Where the employer permits employees to use personal devices for work purposes (particularly during teletrabajo), the policy should specify the minimum security requirements for personal devices (VPN use, MDM enrollment, screen lock), the data that may and may not be stored on personal devices, and the process for remotely wiping company data from a personal device when the employment ends — with express reference to the employee's ARCO rights under LFPDPPP Article 22 regarding the data stored on the device.

Monitoring and Enforcement: A transparent statement that the employer may monitor corporate network activity, corporate email traffic, and device usage logs for security and compliance purposes, within the scope permitted by the LFPDPPP and INAI guidelines, and that employees have no expectation of privacy with respect to communications made through corporate systems. Disciplinary consequences for policy violations must reference the specific provisions of the Reglamento Interior de Trabajo and the causas de rescisión under Article 47 LFT applicable to unauthorized disclosure of trade secrets or gross misconduct.

Data Breach Response: A brief procedure for employees to follow if they discover or suspect a data breach, unauthorized access, or loss of a company device — with contact details for the IT security team and reference to the employer's obligation to notify the INAI within 72 hours under LFPDPPP Article 20 if a personal data breach affects the rights of data subjects. Forms-legal.com recommends that this policy be reviewed annually and updated to reflect changes in the company's IT infrastructure, STPS inspection criteria, and INAI enforcement guidance.