Mexico: Who Bears Final Responsibility and Liability

The Mexican government has been exploring the use of smart contracts but has not published any smart contract legislation. Therefore it remains unclear which party would bear the final responsibility/liability in case something went wrong

Current government smart contract initiatives (source)

  • The Digital Government Unit from the Ministry of Public Administration is responsible for promoting strategies and models of innovation in government management
    • In collaboration with the Coordination of the National Digital Strategy, the Digital Government Unit is working on the creation of a Public Blockchain with the main goal of generating use cases of this technology in digital services
    • Blockchain HACKMX is an initiative of the National Digital Strategy and the Ministry of Public Administration, in collaboration with Campus Talent Mexico
      • The main goal of Blockchain Hackmx is to generate case studies of using emerging technology to promote government digital innovation and the delivery of digital public services
      • Smart Contract Blockchain HACKMX proposed use case
        • The use case for smart contracts in Mexico specified that the proposed blockchain supplier would be Ethereum
          • In order to make a smart contract with Ethereum, a high level language like Solidity would be used
      • The Mexican government sees smart contracts as a way to fight corruption but has not outlined specific applications for this technology as of yet
  • However, no specific laws around smart contracts have been published so, as of July 2018, it is unknown what party would bear final responsibility of something were to go wrong (source)


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