General Law on Transparency and Access to Public Information: New Framework, New Obligations

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Institutional restructuring of the transparency system in Mexico

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On March 20, 2025, the General Law on Transparency and Access to Public Information was published in the Federal Official Gazette. This new regulation replaces the previous legal framework and fully redefines the institutional structure governing access to public information in Mexico.

Under this law, the Mexican State transfers oversight and operational responsibility to a newly created authority: the Ministry for Anti-Corruption and Good Governance, which now which now exercises the full range of powers previously held by the now-defunct INAI (National Institute for Transparency, Access to Information, and Protection of Personal Data).

In addition to structural changes, the law introduces new legal principles, administrative procedures, and compliance mechanisms that apply to all government entities and may affect private organizations involved in public sector operations or managing public funds.

This transformation has direct implications for how public authorities respond to information requests, how documentation is handled, and how legal responsibilities and sanctions are applied in case of non-compliance.

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Key provisions: new standards and legal expectations

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Guiding principles and procedural obligations

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The law sets forth uniform principles and procedures governing access to information held by entities across the three branches of government, autonomous constitutional bodies, political parties, public trusts, and public funds.

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These include:

• Maximum disclosure: All information must be public unless classified under legally justified exceptions.
  
• Accessibility: Information must be published in formats that are clear, understandable, and reusable.
  
• Proactivity: Entities are required to proactively publish relevant information, without waiting for a formal request.
  
• Consistency and comprehensiveness: Responses to information requests must address each point raised and be properly justified.
  
• Mandatory documentation: All official actions and decisions must be duly recorded and accessible for review.
  
  

For private organizations that engage in public procurement, receive public funding, or collaborate with government entities, these principles imply greater scrutiny over how information is generated, stored, and shared. Legal compliance now extends beyond government agencies and may encompass contractors, concessionaires, and program implementers.

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Open data and new digital requirements

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The law defines open data as public digital information that is accessible online and may be freely used, reused, and redistributed. This provision imposes specific technical and legal obligations, including:

• Publication of structured, complete databases in interoperable formats.
  
• Continuous access to datasets on priority topics such as public procurement, budgets, and social programs.
  
• Data integrity, accuracy, and update protocols.
  
• Internal processes to ensure information quality and accessibility.
  
  

These obligations extend to private companies in Mexico that interact with public entities, particularly those managing funds or data under government contracts or agreements. Organizations must review their internal systems to ensure compliance with these digital transparency standards.

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National system redesign

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The law restructures the National System for Access to Public Information, placing it under the authority of the Ministry for Anti-Corruption and Good Governance and introducing several new governance structures:

• Establishment of the agency “Transparency for the People”, tasked with regulation, oversight, and appeals resolution.
  
• Creation of state-level transparency subsystems composed of representatives from the legislative, executive, and judicial branches, as well as municipalities and autonomous bodies.
  
• A new National Council chaired by the Secretariat, with participation from entities such as the National Archives, the Agency for Digital Transformation, and other regulatory bodies.
  
• A centralized National Transparency Platform for submitting requests, filing appeals, and monitoring compliance.
  
  

This structural reform requires organizations—public and private alike—to adapt to new procedures, reporting obligations, and legal standards that govern public information handling nationwide.

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Elimination of INAI and enhanced enforcement powers

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Transition of functions to the Secretariat

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With this reform, the INAI is formally dissolved, and its constitutional role as an autonomous guarantor body is eliminated. The Ministry for Anti-Corruption and Good Governance now assumes all responsibilities for interpreting the law, handling requests, supervising compliance, and applying sanctions.

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Key changes include:

• Centralization of authority within an executive branch agency rather than an autonomous collegiate body.
  
• Changes in institutional checks and balances affecting the overall structure of public law.
  
• Adjustments in internal compliance policies and procedures to align with new administrative criteria.
  
  

New enforcement powers and legal consequences

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The law significantly increases the government’s authority to sanction non-compliance. Sanctionable conduct includes failure to publish required information, unjustified refusal to respond to requests, or failure to comply with disclosure deadlines.

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Sanctions include:

• Financial penalties based on the seriousness of the infraction.
  
• Corrective orders and information release requirements.
  
• Filing of complaints before the competent authorities in case of suspected criminal conduct.
  
• Direct liability of public servants involved in non-compliance.
  
  

Private companies operating under public contracts or concession agreements may be indirectly implicated in investigations or proceedings, especially if their actions affect the ability of public entities to fulfill transparency obligations.

To mitigate these risks, private entities should ensure traceability, document integrity, and consistency in all dealings with the public sector.

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Implications for the private sector in Mexico

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Expanding exposure and indirect obligations

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While the law is addressed primarily to public bodies, its impact on companies in Mexico is clear. It affects any organization that:

• Provides public services under concession or public-private agreements.
  
• Receives subsidies, public funds, or incentives from government programs.
  
• Participates in procurement, public tenders, or institutional collaborations.
  
• Manages resources or implements initiatives financed by public funds.
  
  

These organizations may be required to disclose operational or contractual information, or may be mentioned in disclosures made by the contracting authorities. Even if requests are directed to public bodies, the content may implicate or involve third parties in the private sector.

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Increased reputational and legal risk

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The law encourages proactive publication of government data, including information on procurement, project outcomes, and contractor performance. This results in greater visibility for private entities working with the government—visibility that may involve both benefits and risks.

Non-compliance with documentation, delays in delivery, or disputes may become part of the public record, potentially affecting reputation, contract renewal, or legal standing.

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Strategic recommendations for private organizations

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To anticipate legal and reputational exposure, private entities should implement a preventive compliance approach. Key actions include:

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1. Review all links with government entities

Conduct an internal audit of all contracts, cooperation agreements, and public funding relationships. Identify what types of information might be subject to disclosure under the new framework.

2. Establish internal response protocols

Develop internal workflows for handling indirect information requests, including designating responsible teams, setting deadlines, and standardizing communication with authorities.

3. Strengthen documentation and traceability

Ensure that all documentation related to public contracts and projects is organized, backed up, and accessible. Proper recordkeeping is critical for timely and compliant responses.

4. Revisit confidentiality provisions

Review the terms of all agreements involving public-sector clients to ensure they include clear provisions on information disclosure and the limits of confidentiality under applicable law.

5. Train compliance and legal teams

Ensure internal teams understand the scope and application of the new law, including procedural requirements, risk scenarios, and enforcement tools.

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Conclusion: Compliance as a legal and operational priority

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The General Law on Transparency and Access to Public Information redefines how transparency is regulated and enforced in Mexico. With expanded obligations, centralized oversight, and direct enforcement powers, legal compliance is no longer optional—it is a fundamental element of institutional integrity.

This applies not only to public authorities but also to companies in Mexico that work with or are funded by the State. Traceability, clear procedures, and a preventive legal strategy are now essential to operate securely in this environment.

At EBL Consulting Group, we support public and private organizations in identifying risk areas, implementing effective compliance measures, and ensuring that transparency obligations are fully integrated into day-to-day operations.

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