Mexico has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.

Pursuant to the Decree amending and adding several provisions of Articles 6, 7, 27, 28, 28, 28, 73, 78, 94 and 105 of the Political Constitution of the United Mexican States, the "Instituto Federal de Telecomunicaciones" (IFT) is created. It is reported that the "Instituto Federal de Telecomunicaciones" (IFT), the executive authority for the supervision and administration of the telecommunications sector services, is independent from the government in its decision-making.

There are concerns that Art. 50 of the Provisions on Electronic Payment Fund Institutions might force firms to choose only cloud providers based in Mexico, thus indirectly imposing a local data processing requirement. The law requires electronic payment fund institutions to use secondary cloud services provided by a company that is not subject to a different jurisdiction. That would mean that the secondary cloud provider would need to be subject to the Mexican jurisdiction and therefore be located in the country.

Under Arts. 6, 8, and 9 of the Federal Law on the Protection of Personal Data in Possession of Individuals, consent is required for the cross-border transfer of personal data. However, Art. 37 of the law provides certain exceptions where such transfers may occur without the data subject's consent. These exceptions include transfers necessary for medical diagnosis, prevention, health care delivery, medical treatment, or health services management; transfers to entities under the common control of the data controller, such as holding companies, subsidiaries, or affiliates, provided they operate under the same internal processes and policies; and transfers necessary for the performance of a contract between the data controller and a third party in the data subject’s interest.

There are no foreign ownership limitations in sectors relevant for digital trade.

The Foreign Investment Act established the National Commission of Foreign Investment (Comisión Nacional de Inversiones Extranjeras). This Commission defines the conditions for participating in foreign investment in Mexico and evaluates whether foreign investment applications meet specific criteria (Art. 29), including:
- Impact on employment and worker training;
- Technological contribution;
- Compliance with environmental laws;
- Enhancement of the country's competitiveness.
Additionally, according to Art. 30 of the Act, the Commission has the authority to prohibit acquisitions by foreign investors for national security reasons.

There are reports of concerns about the length of administrative and judicial patent and trademark infringement proceedings and the persistence of continuing infringement while cases remain pending. Stakeholders have expressed concern that in administrative procedures on infringement, preliminary measures can be lifted if the alleged infringer posts a counter-bond.

Mexico is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).

Art. 28.1 of the Public Procurement Act establishes that only persons of Mexican nationality can take part in national bids. The goods to be acquired have to be made in the country, having at least 50% of national content, which is determined by taking into account the workforce, supplies of the assets, and other aspects determined by the Economy Department through general rules. National public tenders may be called upon when the amount to be awarded is less than the applicable threshold provided for in the free trade agreements to which Mexico is a party or when the specific product is subject to a reserve under the applicable treaties.

As per Art. 36 Bis of the Public Procurement Act, contracts through bidding will be granted to the bidder whose proposal meets the legal, technical, and economic prerequisites outlined in the bid invitation. However, in situations of parity, preference shall be granted to domestic micro, small, and medium-sized enterprises.

Pursuant to Art. 14 of the Public Procurement Act, agencies and entities involved in open international procurement processes are required to prioritise the use of domestic human resources when conditions are comparable. Furthermore, for the procurement and leasing of goods, the Act establishes a preferential margin of 15% for domestically produced goods that incorporate a minimum of 50% national content.

In December 2018, Mexico announced plans to centralise almost all federal government procurement under the Secretariat of Finance, with the objective of curbing corruption, reducing bureaucratic inefficiencies, and achieving lower prices through consolidated purchasing. However, it is reported that the government is turning away from the use of open international tenders in favour of invitations to bid, which are then followed by direct awards.
Foreign companies have also expressed concerns that procurements did not have adequate preparation time and there were multiple uncoordinated tenders announced. Since October 2020, some companies have also expressed concerns that CFE Telecom and Internet Para Todos ("Comisión Federal de Electricidad Telecomunicaciones e Internet para Todos" - CFE TEIT), which is a subsidiary of CFE ("Comisión Federal de Electricidad"), is conducting a series of procurements in an unfair and non-transparent way to deliver Internet-related infrastructure across Mexico.

Mexico is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.