Elian Ávila

Associate since 2012


Phone: +52 (55) 5201-7400
Mail: eavila@macf.com.mx

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Elian Ávila

Associate since 2012


Elian has represented many clients of the firm in amparo proceedings, particularly in administrative matters, in federal and local administrative proceedings before data protection, administrative, financial, energy, tax, environmental, consumer protection and aviation authorities, as well as in civil and commercial general proceedings, including bankruptcy proceedings.

Additionally, in antitrust transactions, she has participated in some of the most important cases carried out by the Firm, representing clients in all stages of the proceedings before IFETEL and COFECE. She has also been involved in investigations and immunity programs. She has challenged sanctions for alleged monopolistic practices and prohibited concentrations, obtaining favorable results.

In data protection, she has extensive knowledge and experience, including advising national and international organizations and international law firms on matters as diverse as privacy compliance, including the preparation of privacy notices, policies and procedures, development of ARCO rights request; handling data breaches; national and international data transfers and day to day data protection handling, including employee and sensitive data; as well as handling procedures before the INAI and challenging sanctions.

 

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   August 25th, 2023

The Supreme Court of Justice (SCJN) grants suspension for the INAI Plenary to convene with four out of seven Commissioners

On March 27, 2023, the National Institute for Transparency, Access to Information, and Personal Data Protection (INAI) filed a constitutional controversy before the Supreme Court of Justice of the Nation (SCJN), claiming the lack of appointments to fill vacancies in the INAI Plenary. The main arguments are that the institutional design established by the Constitution for the INAI Plenary's composition is directly violated and the Plenary is rendered unable to validly convene, thus hindering the fulfillment of the Constitution's mandate, and adversely affecting the rights of access to information and personal data protection for all Mexican citizens.

Professional Related: Elian Ávila

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   June 12th, 2023

The Supreme Court of Justice invalidated the Law for Advertising Contracting

On June 8, 2023, in plenary session the Supreme Court of Justice (“SCJN”) resolved the constitutional controversy 94/2021, filed by the Federal Economic Competition Commission and the constitutional controversy 93/2021, filed by the Federal Telecommunications Institute, both of them claiming the invalidity of the Decree enacting the Law for the Transparency, Prevention and Combat of Improper Practices in Advertising Contracting, published in the Official Gazette of the Federation on June 3, 2021 (the “Decree”).

Professional Related: Carlos Orcí , Elian Ávila , Nora Morales

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   April 26th, 2022

Supreme Court declares the unconstitutionality of the National Register of Users of Mobile Telephony

On April 16, 2021, the “Decree amending and adding various provisions to the Federal Telecommunications and Broadcasting Law” was published in the Federal Official Gazette (the "Decree"), in order to create the National Register of Users of Mobile Telephony (PANAUT) as part of the Public Registry of Telecommunications, which consists of a database with information on individuals or entities that own a mobile telephone line. The purpose is to collaborate with the authorities in matters of security and justice related to the commission of crimes.  

Professional Related: Elian Ávila

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   June 4th, 2021

Law for the Transparency, Prevention and Combat of Improper Practices in Mexico on Advertising Contracting is enacted

June 3, 2021, the Decree issuing the Law for the Transparency, Prevention and Combat of Improper Practices in Mexico of Advertising Contracting was published in the Federal Official Gazette, which will enter into force after 90 days. following its publication.

Professional Related: Carlos Orcí , Elian Ávila

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   September 26th, 2019

COFECE ISSUES REGULATIONS for the qualification of information derived from legal counsel provided to economic agents

On September 30th, 2019, the Regulatory Regulations for the qualification of information derived from legal counsel provided to economic agents (the “Regulations”) issued by the Federal Economic Competition Commission (“COFECE”) came into full force and effect.

Professional Related: Carlos Orcí , Elian Ávila , Francisco Fuentes Ostos , Pilar Mata

Education

  • Data Protection Diplomat; Escuela Libre de Derecho, 2021
  • Certificate in Data Privacy; Universidad Panamericana, 2018
  • Legal English course; Georgetown University, 2013
  • Law Degree; Escuela Libre de Derecho, 2010
 

Languages

  • Spanish
  • English

Experience

  • Member of the Mexican Bar Association (BMA), Sub-coordinator of the Constitutional, Human Rights and Amparo Committee
  • Law clerk, Mijares, Angoitia, Cortés y Fuentes, 2006-2012
  • Law clerk, Hogan Lovells, 2005- 2006