Mexico's LFPDPPP and software outsourcing: what to review before hiring

Hiring development, support or SaaS can expose names, phone numbers, records and employee data. Mexico's LFPDPPP and REPSE answer different questions: the former concerns personal data protection, the latter certain specialized subcontracting arrangements. This is general information, not legal advice.

Map the data the vendor can reach

Trace forms, CRM, databases, email, backups, test environments and cloud services. A vendor delivering code without personal data access differs from a team administering production. Prefer fictional or de-identified test data.

Clarify roles and subcontractors

A customer deciding purposes and use of data needs to assess its controller role. A vendor processing data on instructions may act as a processor. Legal counsel should validate roles and terms. List hosting, processing and backup providers and where they operate.

Ask for demonstrable technical controls

• Named, least-privilege accounts, MFA for administrators and prompt access revocation.
• Separate production and test environments using fictional or de-identified data.
• Encryption in transit, tested backups and service recovery procedures.
• Access and change records without unnecessary personal data in logs.
• Agreed incident, data rights, retention and deletion workflows.

Article 18 of the LFPDPPP requires the controller to maintain administrative, technical and physical safeguards proportionate to risk, sensitivity and technology. A generic NDA alone does not prove those controls work.

Put the operating model in writing

1. Systems and data categories in scope, and permitted purposes.
2. Access owners and subcontractors.
3. Incident reporting and response ownership.
4. Access, data and backup handling at exit.
5. Technical evidence such as inventories and restoration tests.

Where REPSE fits

Data access is different from making workers available to another company. REPSE is not a privacy certification or an automatic requirement for every software purchase. Read when REPSE may apply to an IT project and review your arrangement with labor counsel.

Start with a specific review

Map the data flow, access and risks before finalizing scope. Devson Labs can help design software, integrations and technical safeguards; qualified counsel should validate legal obligations and documents. Tell us about the system without sending real personal data in the first message.