What are the penalties for non-compliance with any applicable data protection laws?
Non-compliance with data privacy laws and data breaches may lead to sanctions, fines, and penalties. The amounts are usually calculated according to the risk to which personal rights were exposed and the preventive measures taken by the data controllers, processors and sub-processors in relation to their respective role in the chain of personal data processing.
The frequency of assigning fines and penalties for violations of the Federal Law on Protection of Personal Data Held by Private Parties in Mexico has increased in recent years. Violations of the law can result in warnings or fines ranging from 100 to 320,000 days of the Mexico City minimum wage. Additional fines may be imposed for repeat violations. Fines can also double when sensitive personal data is involved.
Fines and penalties are determined based on:
- the nature of the data;
- the refusal of the employer to follow actions requested by the data subject, in violation of the law;
- whether the violation was intentional in nature, or an omission;
- the financial position of the employer (i.e. the size of the company); and,
- recurrence of violations.
Civil and criminal liabilities can also be incurred.
Imprisonment can occur when a person who is processing personal data for profit causes a data security breach. Imprisonment may also be imposed if an individual processes personal data deceitfully to obtain an unlawful profit. Terms are doubled in cases where sensitive personal data is involved.
Led by PeopleDoc’s Chief Legal & Compliance Officer, the HR Compliance Assist team relies on a network of internal and external compliance experts and lawyers, including the global law firm Morgan Lewis, to provide clients with best practices and recommendations on topics such as HR document retention, employee data privacy, and HR electronic records. HR Compliance Assist also provides local compliance monitoring and alert services in select countries where PeopleDoc’s customers have employees. HR Compliance Assist is a service exclusively available to PeopleDoc customers.