Sports Law 2024 Comparisons

Last Updated March 28, 2024

Law and Practice

Authors



Galicia Abogados, S.C. is a leading Mexican law firm with over 29 years of experience. The firm has a truly collaborative, people-oriented culture. It is renowned for its expertise in finance, energy and infrastructure, private equity, regulated industries, real estate and hospitality, and life sciences. The firm is unique among leading Mexican firms in providing comprehensive legal services that combine strong transactional and regulatory expertise with strategic capabilities in litigation and ESG. Sustainability is at the forefront of the agenda when advising clients. Diversity, equity, and inclusion (DEI) are integral to the firm’s core values. Thanks to the DEI-driven culture, almost half of the women at the firm have held partner, counsel, executive or management positions in the last five years. Galicia Abogados, S.C. is recognised as a leading firm in Mexico by Chambers and Partners and has received numerous Chambers and Partners awards, including Mexico Law Firm of the Year in 2013, 2015 and 2019; Latin America Law Firm of the Year in 2017; the Client Service Award in 2021 and 2022; and the Latin America Outstanding Contribution: Diversity & Inclusion Firm of the Year Award in 2022.

Doping in Mexico is not considered a criminal offence unlike in some other countries. However, it is still illegal and subject to the current anti-doping regulations.

The General Culture and Sports Law (Ley General de Cultura Física y Deporte or LGCFD) and its regulations outline the administrative sanctions for athletes who fail their anti-doping tests.

The National Anti-doping Committee (Comité Nacional Antidopaje) is responsible for promoting clean sports free of doping, in accordance with the principles of the Anti-Doping Code. Mexico is a signatory of the Anti-Doping Code through the Mexican Olympic Committee (Comité Olímpico Mexicano), which is responsible for accepting, implementing, and enforcing the principles of the code.

Anti-doping is mainly regulated through the Model Regulation for the National Anti-doping Organisation (Norma Modelo para la Organización Nacional Antidopaje), which incorporates the principles and standards of the World Anti-Doping Code in the Mexican legal framework. This includes the WADA-prohibited substances list and its respective therapeutic use exceptions.

Noteworthy anti-doping cases in Mexico include the following:

  • On 6 January 2023, Atlas midfield player Edyairth Ortega was removed from the team after failing an anti-doping test, which is currently being analysed by the World Anti-doping Agency.
  • On 10 August 2019, Chivas player Víctor Guzmán was removed from the team after failing an anti-doping test, and as a result he missed the debut match in Liga MX.
  • During the 2011 Golden Cup, Antônio Naelson Matias (aka Sinha), Guillermo Ochoa, Edgar Dueñas, Francisco Rodríguez and Christian Bermúdez tested positive for the banned substance Clenbuterol, and were removed from the tournament squad. However, all players were exonerated as FIFA determined that the accused had ingested the banned substance through contaminated meat.

The LGCFD outlines the criminal actions and administrative sanctions applicable to sporting misconduct for associations, federations, athletes, referees, club directors, club technical advisors, and even fans and attendees of sports events.

Authorities in Mexico

Members of the National Sporting and Culture System (Sistema Nacional de Cultura Física y Deporte) in Mexico may also choose to adhere to the Good Government Code (el Código de Buen Gobierno), which is inspired by the recommendations of the Superior Sports Council (Consejo Superior de Deportes) (see 4.2 Corporate Governance).

Betting and gambling are generally illegal in Mexico, except for particular activities authorised by the Gambling and Raffles Bureau of the Mexican Ministry of the Interior (Dirección General de Juegos y Sorteos de la Secretaría de Gobernación).

According to the Federal Gaming and Raffles Law (Ley Federal de Juegos y Sorteos), sports are considered permitted gaming and/or betting activities in Mexico, as long as they are performed through licensed establishments. It is important to note that sports governing bodies in Mexico are not directly involved with betting-related offences or fines.

At the national level, the LGCFD regulates the sanctions for sports violations. The National Physical Culture and Sports Commission (Comisión Nacional de Cultura Física y Deporte or CONADE) is responsible for identifying and sanctioning the conduct regulated by this law, and its decisions are based on the following criteria:

  • the damages that have occurred or may occur;
  • the intentionality of the action or omission constituting the offence;
  • the seriousness of the offence; and
  • the recidivism of the offender in accordance with Article 114 of the Regulations of the General Law of Physical Culture and Sports (Reglamento a la Ley General de Cultura Física y Deporte).

Article 152 of the LGCFD stipulates various administrative sanctions for athletes, depending on the severity of the offence. These sanctions include:

  • a private or public warning;
  • limitation, reduction or cancellation of economic support; or
  • temporary or permanent suspension of their registration in the National System of Physical Culture and Sports (Sistema Nacional de Cultura Física y Deporte or SINADE).

In addition to this, Article 150 of the LGCFD mandates that sports organisations must include a section within their by-laws that specifies the corresponding offences and sanctions according to their sports discipline. This section must also detail the procedure for imposing such sanctions and the right to a hearing in favour of the alleged offender.

Mexican boxer Irma García, for example, was sanctioned by CONADE in 2018 for testing positive after an anti-doping test. CONADE suspended her for two years and stripped her of her gold medal from the 2018 Boxing National Games.

In Mexico, there are no specific regulations pertaining to merchandising, hospitality, and ticketing, as these rights are primarily governed by commercial and civil law through private agreements between the parties involved.

According to Article 33 of the Law for the Celebration of Public Shows in Mexico City (Ley para la Celebración de Espectáculos Públicos en la Ciudad de México), the sale of tickets on public streets, altering prices offered at the box office, and ticket scalping are prohibited activities in Mexico. However, the battle against ticket scalping is not effectively tackled in the country. On 10 August 2022, a proposal was made to amend the Federal Consumer Protection Law (Ley Federal de Protección al Consumidor or LFPC) to include additional measures against the mass purchase of tickets for profit. This initiative remains pending as of today, but it is crucial to recognise that progress is being made daily in the fight against ticket scalping.

The Owners shall be responsible for overseeing compliance with the provisions of the previous paragraph, particularly in areas adjacent to the location where the public show in question is being held, and for promptly notifying the Mayor’s Office when conduct contrary to said provision occurs, so that appropriate action may be taken in accordance with its powers in this matter.

Mexico City’s Civic Culture Law (Ley de Cultura Cívica de la Ciudad de México) also includes penalties for ticket scalping and altering prices in line with Article 28 of the aforementioned law.

It is very common for sponsors to want to place their brand in a space where it can be seen during the broadcast of sports events. They also engage in various activities to raise their profile and establish a presence at such events. Some sports broadcasts obviously attract far more viewers than others, which is why sports rights holders purchase the right to broadcast a particular event on their platform.

In Mexico, there is no specific legislation for sponsorship rights, but the general rules of the Federal Civil Code (Código Civil Federal) apply. Article 1839 of the Federal Civil Code states that “[t]he contracting parties may include such clauses as they deem convenient; but those which refer to essential requirements of the contract or are a consequence of its ordinary nature shall be deemed to be included even if they are not expressed unless the latter are waived in the cases and terms permitted by law.”

The sponsorship contract benefits both the sponsored party and the sponsor. The contract is personalised as it regulates specific rights of a particular individual or event in accordance with their characteristics and qualities, resulting in an agreement with rights and obligations for both parties.

It is common practice for sponsorship agreements to be time-limited, with the possibility of requesting extensions.

In Mexico, broadcast television channels are no longer the sole option due to the presence of private broadcasting platforms for commercial use. These platforms generate revenue through subscriptions, either monthly or as part of a promotional package, which grant the right to access various content, including broadcasting rights for specific sporting events. Despite the subscription model, advertising remains a significant aspect of sports in Mexico, as it is one of the primary sources of income for sporting events.

Article 76 of Section I of the Federal Telecommunications and Broadcasting Law (Ley Federal de Telecomunicaciones y Radiodifusión) states the following:

“In accordance with its purposes, the sole concession shall be:

I. For commercial use: it confers the right to individuals or legal entities to provide public telecommunications and broadcasting services, for profit through a public telecommunications network.”

This category encompasses private broadcasting platforms that have the rights to broadcast sporting events for profit. Article 78 of the Federal Telecommunications and Broadcasting Law states the following:

“II. For the granting of telecommunications concessions, the Institute may take into account, among other factors:

a) The economic proposal;

b) Coverage, quality, and innovation;

c) Favouring lower prices for end-user services;

d) Prevention of ownership concentration that is contrary to the public interest;

e) Possible entry of new competitors into the market; and

f) Consistency with the concession programme.

III. For the granting of broadcasting concessions, the Institute will consider items a), b), d), e) and f). Additionally, it must ensure that the programming project aligns with the purposes for which the concession is requested, promotes and includes the broadcasting of national, regional, and local content, and complies with the applicable provisions.”

Proprietary rights are prevalent in Mexican sports teams, particularly in sports such as football, motorsports, and baseball.

Generally, access and footage are regulated, and not everyone may access or obtain footage from a sports event. For these purposes, some companies and/or individuals acquire certain licensing rights to produce sporting material from specific events.

The LFPC grants certain rights to consumers, particularly in cases of event cancellation with refunds, among others.

Public sporting events are typically organised and managed jointly at a state level by private sector and state authorities for public safety and security matters.

The sports organisation’s primary responsibility is to provide a safe environment for participants. This entails having policies and standards that promote safe programmes in secure facilities, overseen by qualified personnel and trained volunteers.

The sports organisation’s second responsibility is to adequately care for and protect its assets and resources, including money, equipment, facilities, and intangible property such as data, corporate image, and marketing rights.

Failure to fulfil any of these responsibilities can result in unwanted consequences, some of which have legal implications:

  • An injury to a participant can lead to a lawsuit that costs the organisation money and time, and potentially higher future insurance costs.
  • Poor conflict management can lead to lawsuits that take an emotional toll on individuals, as well as cost money and time. Even if legal action does not result from poor decisions, these disputes will damage important relationships, exhaust volunteers and tarnish an organisation’s goodwill and public image.
  • Lastly, failing to take care of assets (whether tangible assets such as physical property or intangible assets such as intellectual property) is simply poor business management, which can, in turn, have detrimental financial and legal consequences.

Athletes cannot be held directly liable to spectators, except in cases of direct damage or injury.

Liability insurance policies are available for sports organisers in case they are held responsible for any unwanted consequences during their sporting events.

In general, sporting bodies possess distinct structures depending on their role in the sports industry. Sports clubs, sports associations and sporting federations are typically incorporated as civil organisations (Asociaciones Civiles) to take advantage of tax benefits, issue deductible receipts to donors, and secure sponsorship in accordance with the LGCFD.

In Mexico, members of the National Sporting and Culture System (Sistema Nacional de Cultura Física y Deporte) may also opt to adhere to or subscribe to the Good Government Code (el Código de Buen Gobierno), which governs best practices in the industry to eradicate corruption for both private and public entities. This code establishes the main principles and minimum structures that sporting entities must implement to ensure transparency and good corporate governance.

The code outlines general principles of Mexican laws to avoid conflicts of interest that might be similar to the owner and directors’ tests, requiring policies that guarantee the independence of the corporate bodies of sports entities.

However, the code does not prescribe a specific structure for corporate governance, meaning that sports entities can select the mechanisms to implement such principles through their by-laws, policies, and manuals.

This code only applies to and is implemented by parties adhering to the code, in addition to their by-laws, which are agreed upon by the companies’ partners or shareholders.

Notwithstanding the above, the Civil Code and current tax legislation may impose certain structures for the incorporation of any company in Mexico and, in some cases, enable them to take advantage of certain tax benefits.

Finally, for commercial companies, the Commercial Companies General Law (Ley General de Sociedades Mercantiles) and the Securities Market Law (Ley del Mercado de Valores) constitute the main legal framework for corporate governance in Mexico. However, sporting clubs are not usually incorporated as commercial companies, so such legal frameworks would not apply.

In Mexico, sport is funded privately through civil organisations, non-governmental entities, private companies, and publicly through government agencies, trusts, and scholarships to support athletes and clubs at both professional and amateur levels.

For example, in 2019, Claudia Sheinbaum (Mexico City’s Head of Government) announced the creation of a trust for high-performing athletes and to foster community sports.

Another example of sports industry funding in Mexico is in 2021 when Mexico utilised FIFA funding to support the women’s football league.

Notwithstanding the above, the sports industry suffered a significant financial blow in 2022 when the Federal Government withdrew its financing from international sporting events through the National Fund for the Promotion of Tourism (Fonatur). The current administration decided to commit these funds to the construction of the Tren Maya, an intercity railway line that will traverse the Yucatán Peninsula. Despite the cancellation of these funds, the country has managed to maintain these events through the involvement of private initiatives.

The Major League Baseball World Tour 2023 includes a Mexico City series, sparking broadcasting agreements and investment in Mexico.

In 2022, Mexico’s national football federation signed a record six-year contract with a New York-based marketing firm to promote its teams in the United States, encompassing both women’s and men’s teams. This deal could result in future opportunities to grow the sports market in Mexico with more broadcasting agreements, funding, or opportunities abroad for national athletes.

In 2022, Project Opera and Project Concerto deals concluded with the acquisition of Ocesa by Live Nation, which currently owns major event venues, ticket sellers, service providers, and promoting companies for major events in Mexico. This development has a significant impact on all sporting events throughout the country, considering the private investment of the foreign company in Mexico.

In 2026, Mexico’s Azteca Stadium will host the opening game of the World Cup on 11 June in Mexico City.

The Federal Law on Protection of Industrial Property (Ley Federal de Protección a la Propiedad Industrial or LFPPI) regulates the Mexican Institute of Industrial Property (Instituto Mexicano de la Propiedad Industrial or IMPI), an independent agency of the Ministry of Economy responsible for the registration and administrative enforcement of trade marks and other industrial property rights. The registration process of a trade mark usually takes from six months to one year. Once obtained, the registration will be valid for ten years (renewable for periods of the same length).

In Mexico, registration is crucial for the enforcement of a trade mark, as under Mexican law and practice trade mark infringement actions can only be brought by holders/authorised licensees under trade mark registrations duly granted in Mexico by the IMPI. However, certain names and concepts cannot be registered as trade marks according to the LFPPI, including:

  • three-dimensional shapes that are public property, have come into common use or lack originality, and the usual and everyday shapes of products;
  • isolated letters, digits or colours, except for combined versions of such;
  • translation into other languages, arbitrary spelling or artificial construction of non-registrable words;
  • official symbols or emblems;
  • medals or other prizes awarded at officially recognised exhibitions, fairs, congresses or cultural or sporting events;
  • geographical names and maps, and also demonyms and adjectivals;
  • names of towns or places;
  • names, pseudonyms, signatures and portraits of any person, without the consent of such person or the relevant successors;
  • titles of intellectual or artistic works, including publications, and the names of fictional or real characters, stage names and the names of performing groups, except where expressly authorised; and
  • identical or confusingly similar marks to previously registered or filed trademarks, which cover the same or similar products or services.

The Federal Copyright Law (Ley Federal del Derecho de Autor or LFDA) governs the National Copyright Institute (Instituto Nacional del Derecho de Autor or INDAUTOR), an independent agency within the Ministry of Culture responsible for the administrative enforcement of copyright laws. INDAUTOR is authorised to conduct investigations, request inspections, enjoin copyright violations and impose sanctions. The LFDA grants an author both “moral” and “patrimonial” rights (moral rights recognise the author as the first and sole perpetual owner of the rights to their works; patrimonial rights allow the author to exclusively exploit the work or authorise others to do so). Penalties apply for violations of the LFDA. Moral rights are inalienable, do not expire, and may be inherited. Economic rights, on the other hand, grant the holder the exclusive right to exploit the relevant copyright, are transferable, and are valid for 100 years after the author’s death. In the case of joint works, protection is granted for the same period of time, starting from the death of the last surviving author.

Original works of authorship are protected even without registration or publication. Nevertheless, registration with INDAUTOR grants legal certainty and publicity to the copyrighted work. Therefore, although registration in Mexico is not mandatory, it is advisable to register copyrighted works as this grants pre-emptive rights in favour of its owner (meaning that the burden of proving ownership over the copyrighted work will shift to benefit the author, who will be the one stated on file unless proven otherwise).

The basic requirements for obtaining authors’ rights protection are outlined below:

  • Authors’ rights protection in Mexico exists as a matter of law from the moment of fixation, which is defined as “[t]he incorporation of letters, signs, sounds, images, and other elements in which the work has been expressed, or the digital embodiment of said elements, which, in any form or material, including electronic means, permits its perception, reproduction, or any form of communication.” The lack of formalities required to obtain authors’ rights protection is expressly mentioned in the LFDA. This statute provides that the “[r]ecognition of authors’ rights and neighbouring rights does not depend on prior registration nor on any document or formality”.
  • Only individuals can be granted authors’ rights protection. The LFDA makes clear that legal entities (or corporations) may only be holders of authors’ rights as agents or representatives of the original author and may only exploit or acquire the patrimonial rights of a work.
  • Under the LFDA, a work must be original to qualify for authors’ rights protection.
  • In Mexico, computer software protection is limited to copyright protection under the LFDA (expressly excluding patent protection), which stipulates that it shall be equivalent to that of a literary work. In the case of computer programs, the economic rights concerning them, when created by one or more employees within a labour relationship, shall be attributed to the employer unless specified otherwise.

Data is not subject to intellectual property protection. Under the LFDA, databases that, as a consequence of their selection and arrangement, constitute intellectual creations are protected as compilations, enjoying the same protections as literary works for 100 years after the author’s death. Creators of non-original databases enjoy exclusivity rights for only five years. Holders of economic rights for both compilations and non-original databases have the exclusive right to reproduce, translate, adapt, distribute, and decompile the relevant compilation or database.

Under the LFDA, the portrait of a person can only be used or published with her/his express consent, or with that of her/his representatives or the holders of the corresponding rights. The authorisation to use or publish the portrait may be revoked by the person who granted it, who, if applicable, will be liable for any damages that such revocation may cause. When, in exchange for payment, a person allows themselves to be photographed, it is presumed that they have granted the consent referred to in the previous paragraph and they will not have the right to revoke it, provided that it is used for the agreed purposes. Consent shall not be necessary in cases where the person is a minor part of a group or the photograph is taken in a public place and for informational or journalistic purposes. Image rights under Mexican law last for 50 years after the portrayed person’s death.

While there is currently no regulation or case law related to passing-off doctrine, using someone's image for direct or indirect profit without their authorisation is considered an administrative infringement. This can result in fines of up to USD25,000, as well as potential claims for damages amounting to at least 40% of the gross sales of any infringing products or services.

Applicants and holders of IP rights may assign and transfer their IP rights, wholly or in part, to another person (individual or entity). These transfers can be either through an assignment of rights (by donation, acquisition or sale of assets), a merger, or even through a swap contract. Licence agreements are also a common way to exploit IP rights, as they allow holders to grant third parties the right to use such rights in exchange for a royalty, while retaining full title and ownership.

Assignment of rights for works of authorship (copyrights) is capped at 15 years. The registered owner of a computer program also has the right to assign or licence it to any other individual or entity. The assignment of a computer program, as opposed to other copyrighted works, is not subject to any limitation of time. If any individual or entity other than the author or its successor(s), or authorised licensee, exploits such a computer program or database without authorisation, that individual or entity will be subject to the sanctions provided in the LFDA. Transfer or licence agreements are recorded before IMPI and INDAUTOR to be enforceable against third parties.

Sports data is generally limited for various reasons, including budget constraints. This attitude towards sports data is common and observed among sports teams, leagues and federations.

We consider that there are significant opportunities for numerous sports organisations to continuously harness sporting data. Such data may improve team performance, enhance financial situations if there is adequate exploitation in the country, and potentially generate royalties under certain circumstances.

In Mexico, the Federal Law for the Protection of Personal Data Held by Private Parties (Ley Federal de Protección de Datos Personales en Posesión de los Particulares or LFPDPPP) governs the processing of personal data. This legislation applies only to data pertaining to individuals, including employees, customers, representatives or contractors, which is under the control of an individual or corporation (ie, a data controller), and it excludes data from corporations, as well as certain data from individuals acting in their capacity as representatives of their employer or professional services hirer (such as first name, surname, position held, and employment data including address, email address, telephone and fax numbers). Under the LFPDPPP, as with the GDPR, data controllers must process personal data in accordance with certain principles, including the principles of legality, consent, information, data quality, proportionality and liability.

Before processing personal data, data controllers must provide data subjects with a privacy notice containing, among other things:

  • the personal data subject to processing;
  • the purposes of processing;
  • the mechanisms through which data subjects may access, rectify, cancel and oppose or limit the use and disclosure of their personal data (collectively “the ARCO Rights”);
  • any potential transfers of data and the purpose of said transfers;
  • the use of cookies, when applicable; and
  • the means through which the data controller will notify any amendments to the privacy notice.

All processing of personal data is subject to data subjects’ consent, except in certain situations including when data is publicly available, when it is necessary for medical attention or when processing is permitted under applicable law. Consent may be tacit when general personal data (ie, name, email, telephone number, etc.) is processed, but must be explicit (opt-in) when processing financial data (ie, credit card number, bank account statements) and in writing for sensitive data (ie, health condition, sexual preference and political affiliation). Data controllers and data processors must implement adequate physical, administrative and technological security measures to guarantee the integrity and confidentiality of the personal data. When a data controller not established in Mexico uses means located in the country, the LFPDPPP shall apply (unless such means are limited to transit purposes that do not involve personal data processing). Therefore, the relevant data controller might be required to comply with the obligations imposed by the LFPDPPP with respect to the processing of personal data and, consequently, the reporting of security breaches. More specifically, the LFPDPPP establishes the obligation for data controllers to immediately report data security breaches that materially affect the property or moral rights of data subjects, so that the latter can take appropriate action to defend their rights.

Unlike other countries, Mexico does not have specialised courts in sports law. Therefore, any dispute arising from the sports industry may be brought before the respective civil, commercial, intellectual property, administrative, labour or criminal courts, depending on the nature of the dispute. It is worth noting that Mexico does not have a jury system in place.

The Ministry of Education (Secretaría de Educación Pública) operates its Appeal and Arbitration Sporting Centre (Centro de Apelación y Arbitraje del Deporte or CAAD), which is the governmental body responsible for ruling on any disputes between athletes, federations, clubs and/or authorities. Additionally, the centre can act as an arbitration panel or even mediator in connection with sports-related legal disputes.

The LGCFD sets forth the rules for the mechanisms and appeal procedures to resolve sports-related disputes.

However, the CAAD’s structure (as an administrative body) is not adequately equipped for resolving disputes. Article 4 of the Regulations for the Integration and Operation of the Sports Appeals and Arbitration Commission (Reglamento para la Integración y Funcionamiento de la Comisión de Apelación y Arbitraje del Deporte) establishes that the CAAD is composed of:

  • Plenary/Board;
  • General Secretariat;
  • Administrative Co-ordination;
  • Finance Sub-Directorate;
  • Legal Sub-Directorate; and
  • Projectionists, notifiers and other administrative and operational personnel.

In this regard, the law grants alternative dispute resolution powers to the CAAD; however, there are no formalised structures to adequately intervene in the resolution of sports-related disputes.

CONADE has the power to enforce sports laws through administrative and criminal proceedings. Athletes, clubs, and other sporting entities may challenge CONADE’s resolutions through an objection appeal (recurso de inconformidad) or appellate appeal (recurso de apelación).

Relationships Between Sports Organisations and Players

Relations between players and organisations are typically managed as labour relations under employment contracts. Central player contracts are usually executed for a fixed term, specific tournament, or season. The Mexican Federal Labour Law (Ley Federal de Trabajo or LFT) has a special chapter that regulates the work of professional athletes.

Salary Caps

Salary caps are uncommon in professional Mexican sports. A player’s salary may depend on various factors, such as the category of events, the organisation, or the player’s abilities. In fact, the LFT provides that different salaries among players performing the same activities are allowed.

Additional Considerations

Labour law stipulates that a professional player cannot be transferred from an organisation or club without their consent. Players are entitled to receive 25% of any transfer fee received by their employer.

Furthermore, professional players have additional legal obligations to the rest of regular employees, such as attending training sessions and events, complying with local, national, and international sports regulations, and refraining from mistreating referees, teammates, and opposing players. Non-compliance with these rules may be considered a breach of contract and a cause for termination of the labour relationship, without the payment of severance.

Governing Bodies

As a general rule set out in sports legislation, professional players must be granted the same employment benefits as any other employee, which include social security. However, the LFT stipulates that athletes must comply with local, national and international sports regulations.

Mexican sports governing bodies, such as the Mexican Football Association, have regulations requiring that labour disputes between players and their employers be resolved before each federation’s conciliation and dispute resolution commissions. These commissions have the authority to issue binding resolutions for both players and clubs. Moreover, all professional federations must submit to the jurisdiction of CAAD and the Court of Arbitration for Sport (CAS) when it comes to appeals and arbitration proceedings related to sport-related disputes.

Players’ rights to file claims before labour authorities cannot be waived. However, in practice, labour disputes are typically resolved before these governing bodies, in accordance with the regulations and standards of each federation.

A noteworthy example of a labour dispute occurred in 2019 when a claim against football team Club Tiburones Rojo Del Veracruz was filed by its players because the organisation owed them salaries. The dispute was resolved by the Mexican Football Association’s Conciliation and Dispute Commission, which issued a resolution obliging the club to pay the players their outstanding wages. The team was also disaffiliated from the Mexican Football League due to this dispute.

Number of Foreign Athletes

Sports governing bodies have the authority to limit the number of foreign players in a sport or a specific tournament according to each sport’s regulations. For example, only nine foreign players may be enrolled in a football team in the Liga MX.

Visa Restrictions

There are no significant visa restrictions that apply to athletes in Mexico. Like any other foreign employee, athletes must obtain a work visa issued by the immigration authorities.

In Mexico, there is currently a lack of regulation for esports, which are primarily managed commercially by players and their teams, with limited sponsorship available. The market appears to be a niche with significant potential for growth in the coming years, as more events, tournaments, and platforms emerge.

The legal framework applicable to esports in Mexico primarily falls under the Civil Code, the Commerce Code, and Intellectual Property Law. The small market is increasingly influenced by streamers and the presence of companies such as Ubisoft and Bungie, which are promoting competitive events more frequently.

The Olympic Charter states that the practice of sport is a human right. In 1994, 280 delegates from various countries, including Mexico, met in London to sign the Brighton Declaration, aiming to address gender imbalance in sports.

Regarding economic resources, an example can be found in an interview by Grupo Expansion with Beatriz Ramos, General Director of Communication and Marketing of the Mexican Football Federation. She mentioned that half of the people in 2022 were unaware of MX Female League, the women's football league, even though it was established back in 2016. She also noted that since the creation of the league, the highest number of spectators at a match was over 5,000 people at the Estadio Universitario de Nuevo León for the Apertura 2022 final. This final broke audience records with 5.3 million viewers across all platforms, partly due to its simultaneous broadcast on free-to-air TV, pay TV, and a streaming platform.

To promote gender equality in sports, CONADE has implemented a multi-strategic programme since 2004 to raise awareness of the barriers faced by women in sports. Ana Gabriela Guevara Espinoza, General Director of CONADE, also created the Gender Unit. Since its creation, Mexico has seen an increase in the number of women participating in various sporting disciplines. This institution adheres to the rules set forth in the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), signed by Mexico in 1979, which aims to protect women’s rights to participate in recreational activities, sports, and all aspects of cultural life.

Women athletes in traditionally male-dominated sports, such as football, have gained more recognition in Mexico. Initiatives like the creation of the MX Female League have facilitated this progress, as women in Mexico are increasingly demanding equal conditions and pay in the world of sport.

The NFT market in Mexico is currently small but has significant growth potential, given the versatility of NFTs. They can represent various assets and rights across different sectors and can even be fractionalised into multiple NFTs.

New Mexican NFT creations are emerging, with local designers exploring themes related to sports, wrestling, football, and even mascots like Dr Simi, the mascot of Farmacias Similares, Mexico’s largest drugstore chain. In 2022, for the Qatar World Cup, a series of NFTs, mainly featuring official jerseys, were launched in collaboration with the National Selection and Bitso and were sold using the Ethereum cryptocurrency.

Various football clubs and companies in Mexico are increasingly entering the NFT market, selling NFTs in public auctions to raise funds in exchange for certain rights or benefits. Notable examples include the NFT auctions of Necaxa, Chivas, and Farmacias Similares.

Although NFTs are not specifically regulated by Mexican law at the federal or state level, they are generally legal, with certain exceptions. If an NFT has an underlying asset or refers to a security, such as shares in a Mexican company, this may raise concerns from regulators. While there are no precedents, Mexican regulators have clearly stated that transactions involving NFTs representing securities are prohibited.

It is worth noting that receiving digital assets on behalf of third parties or clients may be considered deposit-taking activities, which are regulated by financial laws in Mexico. Therefore, while there is ample opportunity for growth, the NFT market also comes with certain restrictions and risks.

There is no applicable information in this jurisdiction.

In Mexico, there are currently no laws or regulations governing the AI landscape. However, since mid-2023 several football clubs have been incorporating AI tools to analyse player data for matches; however, these tools do not yet include player performance or medical needs of the players, indicating that the AI tools in Mexico are still somewhat limited, even though Mexican football clubs are hiring foreign AI providers, including See U Play.

AI innovations also provide helpful insights for scouting, and video review, potentially providing a competitive edge against other clubs that are not yet utilising AI.

The legal implications of AI in sports is a rapidly evolving area. As AI technologies continue to advance, their integration into sports raises complex legal considerations, in particular regarding the use of AI in officiating and broadcasting, and the ethical and legal aspects surrounding data privacy, player consent, and fair competition.

The Metaverse is still in its early stages in Mexico; however, there are many sporting institutions like Liga MX that are interested in the possibilities provided by a potential Metaverse. Many Mexican companies are developing their own virtual reality worlds that could allow a more lively interaction between people, regardless of their actual location.

Also, the Metaverse envisioned by the sporting community in Mexico will allow blockchain as a security measure to protect sensitive data, and will include NFTs and cryptocurrency transactions when fully developed.

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Law and Practice in Mexico

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Galicia Abogados, S.C. is a leading Mexican law firm with over 29 years of experience. The firm has a truly collaborative, people-oriented culture. It is renowned for its expertise in finance, energy and infrastructure, private equity, regulated industries, real estate and hospitality, and life sciences. The firm is unique among leading Mexican firms in providing comprehensive legal services that combine strong transactional and regulatory expertise with strategic capabilities in litigation and ESG. Sustainability is at the forefront of the agenda when advising clients. Diversity, equity, and inclusion (DEI) are integral to the firm’s core values. Thanks to the DEI-driven culture, almost half of the women at the firm have held partner, counsel, executive or management positions in the last five years. Galicia Abogados, S.C. is recognised as a leading firm in Mexico by Chambers and Partners and has received numerous Chambers and Partners awards, including Mexico Law Firm of the Year in 2013, 2015 and 2019; Latin America Law Firm of the Year in 2017; the Client Service Award in 2021 and 2022; and the Latin America Outstanding Contribution: Diversity & Inclusion Firm of the Year Award in 2022.