New Judicial Criterion for Digital Consent in E-ecommerce.

July 9, 2025

The First Chamber of the Supreme Court of Justice of the Nation has issued binding precedent that redefines the legal standard for consumer consent with respect to internet purchases.

The Court ruled that having purchase and delivery policies published on the website is not sufficient for a consumer’s consent to be valid; it must also be corroborated that they had real, visible, and verifiable access to the policies at the time of the purchase.

The implication is that common practices, such as including a link to terms and conditions or a generic opt-in box, are no longer sufficient on their own.

This criterion directly impacts companies that use contracts of adhesion, apply additional charges, or establish specific conditions for delivery. If companies can´t demonstrate that a consumer saw and expressly accepted these conditions, they may run various risks such as legal vulnerability, the invalidation of contractual clauses, and complaints before the PROFECO.

From a preventative standpoint, we suggest promptly reviewing current processes, identifying areas for improvement, and implementing measures that ensure regulatory compliance without compromising the customer experience.

Link to the digital registry 203067: click here