There is an obligation for passive infrastructure sharing in Mexico to deliver telecom services to end users. It is practised in the mobile sector and in the fixed sector. Art. 1 of the Guidelines regarding the Deployment, Access and Shared Used of Telecommunications and Broadcasting Infrastructure states that it is intended to establish conditions that allow the access of different concessionaires to the infrastructure elements of other concessionaires installed in buildings, shopping centres, subdivisions, hotels or any other real estate, in order to promote the efficient development of telecommunications and broadcasting and the provision of such services under conditions of competition and free competition.

It is reported that Mexico mandates functional and accounting separation for operators with significant market power (SMP) in the telecom market.

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

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.

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

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.

According to the Art. 290 of Executive Decree No. 73, all the equipment that is connected to the public network or used to carry out radioelectric emissions shall be approved for its commercialisation, use and operation. The Regulatory Entity establishes the requirements to ensure adequate compliance with the technical specifications.
According to the Art. 93 of Law 23 of July 15, 1997, the General Direction of Standards and Industrial Technology (DGNTI) is the organisation responsible for technical standardisation and conformity assessment. According to the DGNTI, the document that approves a certificate of conformity shall be issued either by a certification body duly accredited under ISO/IEC 17065 or by an accreditation body with international recognition under the Multilateral Recognition Agreements of the International Accreditation Forum (IAF).
It is reported that products that use radio frequency technology require a type approval by ASEP (Autoridad Nacional de los Servicios Públicos) and certification to import and commercialise in Panama. No testing is required, but a homologation process is necessary to obtain ASEP approval. Technical documents will be reviewed and validated in the approval process. The following products are signalled as requiring ASEP approval: transceivers, personal trackers, wireless microphones, mobile phones, Radio Frequency Identification equipment, and radio alarms.

It is reported that the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is USD 100, below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).

Law No. 45 and Executive Decree No. 24 provide a comprehensive framework for consumer protection that also applies to online transactions. Law No. 45 regulates consumer relations and specifies consumer rights, including the responsibilities of suppliers to the consumer. Executive Decree No. 24 also provides provisions applicable to technological storage services and commercial services through the Internet.

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