New Rules for Online Notices and Counter-Notices: The LFDA Regulations Set Forth the “Notice and Takedown” System 

September 28, 2026

On September 24, 2026, the Decree adding various provisions to the Regulations of the Federal Copyright Law was published in the Official Gazette of the Federation. This Decree adds a new Chapter V to Title IV, titled “On Technological Protection Measures, Rights Management Information, and Internet Service Providers,” which includes the new Articles 37 Bis through 37 Nonies. 

This amendment incorporates into the Regulations the framework that the Federal Copyright Law adopted in 2020 following the entry into force of the United States-Mexico-Canada Agreement (USMCA). This framework includes the protection of technological protection measures (TPMs) and rights management information, as well as the safe harbor and notice-and-counter-notice system for Online Service Providers (OSPs). Until now, much of this procedure operated without clear secondary regulations. 

The main aspects of the addition are: 

1) Autonomous protection for TPMs and rights management information (Art. 37 Bis). The Regulation establishes that this protection is independent of that granted to copyright and related rights. It also clarifies that there is no circumvention when the content protected by the technological measure is not protected by law, for example, works in the public domain. 

2) What is meant by “material” or “content” (Art. 37 Ter). The definition includes works, performances, editions, phonograms, videograms, broadcasts, and the image and voice of performing artists. It also includes any other intellectual property right protected by law. This makes it clear that the notice mechanism is not limited to works in a strict sense. 

3) Notice Requirements (Art. 37 Quater). In addition to the provisions of the Law, the notice must contain: 

• the electronic location of the content; 

• a brief description of the facts; 

• the identification of the person filing the notice and the capacity in which they are acting (as owner or representative); 

• their contact information and address; 

• a sworn statement made in good faith; 

• an express statement acknowledging the penalty under Article 232 Quinquies for providing false information. 

4) Prior registration cannot be required (Art. 37 Quinquies). OSPs may not make the removal of content contingent upon the owner of the rights submitting registration certificates, titles, or other documents. This greatly facilitates the submission of notices, especially for works that are not registered with INDAUTOR. This rule does not apply to counter-notices. 

5) Mandatory form (Art. 37 Sexies). OSPs must make available to users, in a clear and accessible manner, a form for submitting notices that complies with the above requirements. 

6) More Stringent Counter-Notice (Art. 37 Septies). Anyone requesting that the content be restored must identify themselves, provide their contact information and address, and state that they are aware of the penalties. In addition, they must present the contract, license, or other document proving their ownership or authorization. Alternatively, they may declare under penalty of perjury that the use is covered by a limitation or exception, or that the content is in the public domain. The OSP is not required to validate such documentation, and removing or restoring the content does not imply that it has been validated. 

7) Timeframes for Restoring Content (Articles 37 Octies and 37 Nonies). Upon receiving a counter-notice, the OSP must immediately notify the author of the original notice and provide them with a copy. If the requirements are met, it must reinstate the content within the following 10 to 15 business days. It will not do so, or will remove it again, if the author of the notice provides evidence that they have initiated judicial or administrative proceedings, filed a criminal complaint, or activated an alternative dispute resolution mechanism. To do so, they have up to 15 business days from the date they were notified of the counter-notice. 

Effective Date and Transitional Provisions 

The Decree takes effect 90 business days after its publication in the Official Gazette of the Federation (DOF), so it is expected to take effect on February 3, 2027. Notices and counter-notices filed before that date will be processed in accordance with the provisions in effect at the time of filing. 

The practical implications are as follows: 

• For owners of rights: it is advisable to update notice templates to include all new requirements and to promptly follow up on counter-notices. The OSP may reinstate the content as of the 10th day, while the owner of the rights has up to 15 business days to prove that they have initiated legal action. Therefore, it is recommended to have a litigation strategy in place before submitting the notice. 

• For platforms and OSPs: They must review their takedown forms and policies and adjust their internal notification and deadline-tracking processes before the new rules take effect. Additionally, they may no longer require registration as a condition for processing a notice. 

• For users and content creators: To file a counter-notice, you now need documentation or a formal justification under oath. It is advisable to have the licenses and authorizations for the content you publish on hand. 

Our Intellectual Property team is available to review your notice and counter-notice procedures and bring them into compliance with the new regulatory framework.