Mexico has been laying the groundwork to support open banking initiatives through various regulatory measures. In 2018, the country enacted its Fintech Law, which aimed to foster innovation and competition within the financial industry. This legislation recognized the importance of open banking and set a framework for its implementation.
Under the Fintech Law, financial institutions are obligated to share customer data with authorized third parties, with the express consent of the customer. However, this sharing of data is subject to strict data protection and cybersecurity regulations to ensure the privacy and security of customers’ financial information. The legislation also requires the implementation of robust Customer Due Diligence (CDD) processes to safeguard against money laundering and fraud.
For foreign investors, the legal outlook of open banking in Mexico presents significant opportunities. With the country’s vibrant fintech ecosystem and the increasing demand for digital financial services, investing in open banking ventures can offer access to a growing market and potential partnerships with local financial institutions.
Despite the favorable legal framework, foreign investors must carefully navigate the regulatory landscape and ensure compliance with Mexican laws. Engaging legal counsel well-versed in the intricacies of open banking in Mexico is paramount to mitigate any legal risks and fully harness the potential of this innovative and transformative financial landscape.
Benito Garza
benito.garza@gphlegal.mx