Employee Monitoring in Mexico: NOM-037, Remote Work and Privacy Notices
DIRECT ANSWER Mexico regulates remote-work monitoring through two instruments: NOM-037-STPS-2023, the official standard for teleworking conditions, and the LFPDPPP, the private-sector data protection law. NOM-037 requires written telework conditions, equipment provisions and a right-to-disconnect policy; the LFPDPPP requires a privacy notice before processing employee data. Together they make "remote monitoring" a documented-conditions question before it is a software question. NOM-037: THE TELEWORK STANDARD Mexico's telework standard, in force since late 2023, applies to employees who work more than 40 percent of their time remotely. Its requirements that touch monitoring: - WRITTEN CONDITIONS: the telework arrangement must be documented - equipment, connectivity, schedules, contact rules - EQUIPMENT AND EXPENSES: the employer provides the tools, including where relevant the means of supervision - RIGHT TO DISCONNECT: employers must establish a policy defining after-hour...