Art. 21 of Law No. 31 of 1996 authorises majority private foreign participation in the capital of telecommunications companies. However, a foreign government, or an enterprise or consortium dominated, controlled or majority-owned by a foreign government, may not provide telecommunications services or hold a direct or indirect majority interest in a telecommunications operator.

The government owns 49% of the shares of Cable & Wireless Panama, S.A., a Panamanian telecom company governed by private law.

Panama does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, there has been an obligation to separate the accounts since 1997. Pursuant to Art. 86 of "Executive Decree No. 73, which implements Law No. 31 of 8 February 1996 on telecommunications regulation in Panama", telecommunications service concessionaires must submit audited financial statements to the Regulatory Authority within three months of the end of their fiscal year. Under Art. 86.1, concessionaires that provide more than one telecommunications service may comply by either maintaining separate accounts for each service, or maintaining separate accounts by type of service (Type A and Type B). In addition, concessionaires providing mobile cellular telephone services are required to maintain separate accounts for that service.

Panama is a signatory of the World Trade Organization (WTO) Information Technology Agreement (ITA) of 1996, but is not a signatory of its 2015 expansion (ITA II).

The Federal Law of Consumer Protection provides a comprehensive consumer protection framework that applies to online transactions. Art. 1, number VIII, enshrines consumer protection in digital transactions as a fundamental principle. Chapter VIII, BIS, of this law sets out consumer rights in transactions by means of electronic, optical, and other technologies. In addition, the Code of Commerce allows the use and validity of electronic signatures (whether simple or advanced) in any commercial or consumer transaction. Furthermore, the Federal Civil Code also establishes that, if express consent is required, it may be given by electronic means or any other technology.

Mexico has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.

In May 2000, Mexico amended several statutes, including the Code of Commerce, by introducing Title II on electronic commerce, drawing upon the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.

In August 2003, Mexico amended its Commercial Code by reforming and expanding Title II on electronic commerce, including the introduction of a chapter on foreign electronic signatures. These amendments draw on the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.

A basic legal framework on intermediary liability beyond copyright infringement is absent in Mexico's law and jurisprudence.

Under Art. 183.II of the Telecommunications and Broadcasting Act, telecommunications licensees and, where applicable, authorised entities must maintain records and controls of all communications made from any type of line, including SIM cards, to ensure the identification of the subscriber's name, designation or business name, address, and other relevant details.

It is reported that exporters and businesses have long faced insufficient prior notice of procedural changes, inconsistent interpretations of import requirements across border posts, and uneven enforcement of Mexican standards and labelling rules. Earlier reports also identified burdensome procedures for express shipments and inconsistent application of requirements across ports of entry. More recent reports indicate that new customs or tax requirements may be notified shortly before taking effect, leaving businesses little time to adjust their systems and comply. Certain goods may also be imported only through designated ports of entry, complicating transportation and logistics arrangements, particularly for e-commerce purchases from SME exporters.

It is reported that Mexico’s telecommunications and broadcasting conformity assessment procedure, published in the Official Gazette (DOF) on 25/02/2020, created administrative frictions for the importation and certification of second-hand, rebuilt, or refurbished ICT products. Reported frictions relate, in particular, to the “Family/Model” approach (Art. 26) and to the non-transferability of conformity documents (Art. 7), which may require the re-issuance of conformity documentation where different economic operators, such as the manufacturer, importer, or distributor, must rely on it.
While the original 2020 procedure effectively excluded non-new products from the main certification schemes, an amendment published in the DOF on 27/12/2021 introduced a pathway to certify “non-new products” under a specific scheme. However, restrictions reportedly remain, as non-new products continue to be confined to that route and are not generally eligible under the broader certification schemes.

Pursuant to Art. 21 of Mexico’s Foreign Trade Act, the Secretariat of Economy (SE) may subject the importation and exportation of goods to prior permit requirements. Arts. 14–20 of the Regulation to the Act further set out the procedure for applying for these permits.
Under the Agreement establishing dual-use goods, software and technologies whose export is subject to regulation by the Ministry of Economy, exporters must obtain a prior permit for listed dual-use goods, software and technologies. The relevant ICT categories include specified high-performance or specially designed portable computers (HS 847130) and other computers or processing units (HS 847141, 847149 and 847150) under Category 4, as well as telecommunications base stations (HS 851761), data-transmission, routing and network equipment (HS 851762), other telecommunications apparatus (HS 851769) and related parts (HS 851770) under Category 5. Certain information-security and cryptographic products classified under these and other ICT headings are also covered.
The requirement applies only where the products meet the prescribed technical thresholds and therefore generally does not cover ordinary mass-market computers, mobile phones, routers, or other consumer ICT equipment. Controlled software and technology transmitted electronically are also treated as exports subject to prior authorisation. Permit applications are assessed by reference to the destination, end user and intended end use. The control annexes were updated in August and November 2022.

Until 2020, product certification in Mexico could be conducted only by certification bodies accredited by the Entidad Mexicana de Acreditación (EMA). For IT equipment and consumer electronics, the Mexican agency issuing certificates is the Underwriters Laboratories of Mexico.
The Law of Quality Infrastructure, which repealed the Federal Law on Metrology and Standardisation, allows for self-declaration of conformity if the standard bodies confirm that the Conformity Assessment Procedure includes the obligation by the goods producers (or services suppliers) to be accountable or if it does not affect the public interest (Arts. 60 and 69).