Cultural protection by design: responses to the digital extractivism of indigenous culture in Mexico

The cultural expressions of indigenous peoples have gained unprecedented visibility, driven by the rise of social media and the market's growing interest in "Mexican" aesthetics. However, this global exposure has revealed a profound contradiction:

Mexico celebrates its cultural diversity while facing its appropriation and commodification.

The viralisation of embroidery, rituals, textiles, and identity symbols (reconfigured as trends, content, or designs) raises new questions about cultural self-determination, fair distribution of benefits, and digital colonialism, in an environment where content is monetised faster than it can be protected.

What do we mean by cultural heritage and why does it matter?

Cultural heritage comprises the tangible and intangible assets (languages, knowledge, symbols and traditions) that constitute the identity of indigenous and Afro-Mexican peoples. These elements are collectively owned, and their use involves rights of ownership, participation, access and enjoyment, linked to memory, territory and community worldview.

This heritage includes traditional cultural expressions (TCEs), which are passed down from generation to generation and are closely linked to the community's worldview.

Their preservation is key not only because of their symbolic or aesthetic value, but also because they embody knowledge, histories and ways of life that have withstood centuries of dispossession and colonialism. From a perspective close to the epistemologies of the South, these expressions are not resources available to the market, but sources of dignity, memory and future, whose protection under terms defined by the communities themselves constitutes an act of historical justice and a commitment to the diversity that defines Mexico.

The current risk: cultural extractivism and digital colonialism

The global expansion of creative industries and digital viralisation have given rise to new forms of cultural extractivism, understood as the systematic appropriation of traditional expressions, symbols or designs without the consent or benefit of their communities of origin.

This phenomenon reproduces colonial dynamics by stripping cultural elements of their context and transferring their symbolic or economic value to external actors—often linked to hegemonic actors in the global North—without any recognition.

Recent examples illustrate this:

• 2023: SHEIN used textiles from the Nahua people of San Gabriel Chilac, Puebla.
• 2025: SHEIN was again singled out for incorporating embroidery from the Isthmus of Tehuantepec.
• 2025: Adidas presented the "Oaxaca Slip-On" model, reinterpreting traditional huaraches from Villa Hidalgo Yalalag.

These cases reflect a pattern of symbolic extractivism: converting cultural heritage into commercial input, without context or compensation.

This logic is intensified in the digital environment, where cultural visibility is subordinated to algorithms that prioritise the viral and the marketable. Thus emerges a manifestation of digital colonialism: platforms amplify decontextualised aesthetic representations while silencing the authentic voices of their bearers.

The situation is exacerbated by the growing use of artificial intelligence, whose development (concentrated in a few global companies) is fuelled by public databases that include cultural content without mediation or consent. Thus, AI can reproduce, distort or monetise indigenous creations, facilitating an automated and invisible form of cultural appropriation.

Mexico faces the digital challenge

Mexico has strengthened its regulatory framework to protect cultural heritage, although its application faces significant challenges in the digital environment.

Currently, the legal framework includes:

In October 2024, Senator Susana Harp presented an initiative that seeks to formally recognise collective ownership of cultural expressions and require community authorisation for their commercial use. While this represents an essential step forward, the proposal is still under discussion and, for now, lacks clear operational mechanisms to enable its effective implementation.

Although this regulatory framework provides for sanctions for cultural appropriation, the main challenge is its effective application in the face of algorithmic and global dynamics, where content is reproduced transnationally and cultural damage is amplified in seconds.

Cultural protection by design: a necessary proposal

Against this backdrop, the principle of cultural protection by design has emerged, inspired by the privacy-by-design approach in the field of personal data.

This proposal aims to incorporate respect, traceability and cultural justice from the conception of any creative or technological project, especially in sectors such as fashion, advertising, tourism, generative artificial intelligence and digital content.

Guiding principles of the cultural protection by design approach:

• Free, prior and informed consent for all commercial use or dissemination.
• Traceability and recognition of cultural origin, ensuring visibility and credit for creative communities.
• Fair distribution of economic benefits when cultural expressions are exploited.
• Active participation of communities in the digital narrative about their heritage.

From the private sector's perspective, adopting these practices represents a strategic opportunity. Companies can strengthen their reputation and ethical compliance by:

• Cultural due diligence clauses in contracts with designers, agencies, and influencers.
• Benefit-sharing mechanisms with community participation.
• Collective licences for responsible use, agreed with community representatives.

Incorporating these measures not only reduces legal and reputational risks, but also positions organisations as agents of responsible innovation, aligned with a creative economy that respects diversity and protects Mexico's cultural identity.

Conclusion

The protection of the cultural heritage of indigenous peoples cannot depend solely on subsequent legal sanctions, but on models that prevent its appropriation from the outset.

In a digital environment governed by algorithms and global markets, it is urgent to recognise collective ownership, ensure informed consent, and distribute benefits fairly and transparently.

Incorporating culture from the design stage is not only an ethical measure: it is a legal, social, and business strategy to ensure that innovation respects and preserves the plural identity that defines Mexico.

Andrea Chávez is an associate in the Data Protection area at ECIJA Mexico.