ARGENTINA
Since October 2000
Since November 2001
Since November 2016, last amended in February 2019
Since December 2018
Since October 2023
Since November 2001
Since November 2016, last amended in February 2019
Since December 2018
Since October 2023
Pillar Cross-border data policies |
Indicator Conditional flow regime
Law No. 25.326 on Personal Data Protection (Ley No. 25.326 de Protección de los Datos Personales)
Decree No. 1558/2001 - Regulations of Law No. 25.326 (Decreto No. 1558/2001 - Reglamentación de la Ley No. 25.326)
Regulation No. 60-E/2016 (Disposición No. 60-E/2016)
Regulation No. 159/2018 (Resolución No. 159/2018)
Regulation No. 198/2023 (Resolución No. 198/2023)
Decree No. 1558/2001 - Regulations of Law No. 25.326 (Decreto No. 1558/2001 - Reglamentación de la Ley No. 25.326)
Regulation No. 60-E/2016 (Disposición No. 60-E/2016)
Regulation No. 159/2018 (Resolución No. 159/2018)
Regulation No. 198/2023 (Resolución No. 198/2023)
Under Art. 12 of the Personal Data Protection Law and Art. 12 of its implementing Regulations, Argentina prohibits the transfer of personal data to countries or international entities that do not guarantee an adequate level of protection. Exceptions apply in specific circumstances, including international judicial cooperation, healthcare purposes or anonymised data for epidemiological studies, financial transactions, compliance with international treaties, cooperation between intelligence agencies in combating organised crime and terrorism, and where the data subject has provided explicit consent. Art. 3 of Regulation No. 60-E/2016 provides a list of jurisdictions deemed adequate, which includes EU and EEA Member States, the UK (which was added to the list with an amendment in 2019), Switzerland, Guernsey, Jersey, the Isle of Man, the Faroe Islands, Canada (only for the private sector), Andorra, New Zealand, Uruguay, and Israel (only in relation to the data handled automatically). It is reported that, in 2025, Argentina formally recognised the United States as an adequate jurisdiction under Argentine law for the purposes of cross-border data transfers, including those involving personal data. Under Art. 1, for transfers to non-adequate jurisdictions, the standard contractual clauses approved by the "Agencia de Acceso a la Información Pública" (AAIP) must be implemented. Complementary regulations provide additional mechanisms for lawful transfers. Regulation No. 198/2023 recognises the Ibero-American Network’s standard contractual clauses as valid safeguards, while Regulation No. 159/2018 establishes requirements for binding corporate rules (BCRs) applicable to intra-group transfers to non-adequate jurisdictions.
Coverage Horizontal
Sources
- https://web.archive.org/web/20250913035430/https://servicios.infoleg.gob.ar/infolegInternet/anexos/60000-64999/64790/texact.htm
- https://web.archive.org/web/20250913042512/https://servicios.infoleg.gob.ar/infolegInternet/anexos/70000-74999/70368/norma.htm
- https://web.archive.org/web/20250913044742/https://servicios.infoleg.gob.ar/infolegInternet/anexos/265000-269999/267922/norma.htm
- https://web.archive.org/web/20250913045043/https://servicios.infoleg.gob.ar/infolegInternet/anexos/320000-324999/320275/norma.htm
- https://web.archive.org/web/20250913051300/https://servicios.infoleg.gob.ar/infolegInternet/anexos/315000-319999/317228/norma.htm
- https://web.archive.org/web/20250913051308/https://servicios.infoleg.gob.ar/infolegInternet/anexos/315000-319999/317228/res159.pdf
- https://web.archive.org/web/20250913053253/https://www.boletinoficial.gob.ar/detalleAviso/primera/296189/20231018
- https://web.archive.org/web/20250913042927/https://www.linklaters.com/en/insights/data-protected/data-protected---argentina
- https://www.dataguidance.com/notes/argentina-data-protection-overview
- https://web.archive.org/web/20260112195640/https://www.whitehouse.gov/briefings-statements/2025/11/joint-statement-on-framework-for-a-united-states-argentina-agreement-on-reciprocal-trade-and-investme...
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ARGENTINA
Signed in November 2017, entry into force in May 2019
Signed in April 2021, entry into force in October 2024
Signed in April 2021, entry into force in October 2024
Pillar Cross-border data policies |
Indicator Participation in trade agreements committing to open cross-border data flows
Trade Agreement between the Argentine Republic and the Republic of Chile (Acuerdo Comercial entre la República Argentina y la República de Chile)
Mercosur Agreement on Electronic Commerce (Acuerdo sobre Comercio Electrónico del Mercosur)
Mercosur Agreement on Electronic Commerce (Acuerdo sobre Comercio Electrónico del Mercosur)
Argentina has joined agreements with binding commitments to open transfers of data across borders. According to the Art. 11.6 of the Trade Agreement between the Argentine Republic and the Republic of Chile, the Parties recognise that each Party may have its own regulatory requirements on the transfer of information by electronic means. Each Party shall permit the cross-border transfer of information by electronic means, where such activity is for the conduct of the business of a person of a Party. The Parties may establish restrictions on the cross-border transfer of information by electronic means to achieve a legitimate public policy objective, provided that the measure is not applied in a manner that would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade.
In addition, Art. 7.2 of the Mercosur Agreement on Electronic Commerce stipulates that each Member State shall permit the cross-border transfer of information through electronic means, provided that such transfer is undertaken for the purpose of carrying out the commercial activities of a person or entity belonging to a Member State.
In addition, Art. 7.2 of the Mercosur Agreement on Electronic Commerce stipulates that each Member State shall permit the cross-border transfer of information through electronic means, provided that such transfer is undertaken for the purpose of carrying out the commercial activities of a person or entity belonging to a Member State.
Coverage Horizontal
Sources
- https://web.archive.org/web/20241213123802/https://www.unilu.ch/fileadmin/fakultaeten/rf/burri/TAPED/TAPED_Burri_Vasquez_Kugler_November_2024.xlsx
- http://www.sice.oas.org/Trade/ARG_CHL/ARG_CHL_text_s.asp#C11_A6
- https://www.mercosur.int/documento/acuerdo-sobre-comercio-electronico-del-mercosur/
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ARGENTINA
Since October 2000
Since November 2001
Since November 2001
Pillar Domestic data policies |
Indicator Framework for data protection
Personal Data Protection Act, Act No. 25.326 of 2000 (Ley No. 25.326 - Protección de los Datos Personales)
Decree No. 1558/2001 Regulating Law No. 25.326 (Decreto No. 1558/2001 - Reglamentación de la Ley No. 25.326)
Decree No. 1558/2001 Regulating Law No. 25.326 (Decreto No. 1558/2001 - Reglamentación de la Ley No. 25.326)
The Personal Data Protection Act, together with Decree No. 1558/2001, establishes a comprehensive framework for data protection in Argentina. This legislative regime applies to both public and private entities and governs processing activities conducted within Argentine territory. The Act delineates lawful bases for processing, including consent and contractual arrangements with data subjects. Also, it imposes specific obligations on controllers and processors, such as breach notification requirements and the mandatory registration of databases with the National Registry of Personal Databases, administered by the Argentine data protection authority (AAIP). The AAIP functions as the supervisory authority under the Act and demonstrates considerable regulatory activity, frequently issuing resolutions that interpret the legislation and provide compliance guidance.
Coverage Horizontal
Sources
- https://web.archive.org/web/20260113010852/https://www.argentina.gob.ar/normativa/nacional/ley-25326-64790/actualizacion
- https://web.archive.org/web/20260113011743/https://www.argentina.gob.ar/normativa/nacional/decreto-1558-2001-70368/actualizacion
- https://www.dataguidance.com/jurisdictions/argentina
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ARGENTINA
Since January 2020
Pillar Domestic data policies |
Indicator Requirement to perform a Data Protection Impact Assessment (DPIA) or have a data protection officer (DPO)
Guide on Data Protection Impact Assessments (Guía de Evaluación de Impacto en la Protección de Datos)
Page 5 of the Guide on Data Protection Impact Assessments provides that it is a mandatory requirement for both controllers and processors to undertake a data protection impact assessment.
Coverage Horizontal
ARGENTINA
N/A
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for copyright infringement
Lack of intermediary liability framework in place for copyright infringements
A basic legal framework on intermediary liability for copyright infringement is absent in Argentina's law and jurisprudence.. However, certain Argentine Civil Code and Intellectual Property Law articles are used as references for court cases and decisions. For example, in some cases the courts have found that ISPs are only liable if they have acted with ‘malice or negligence’ (see Rodríguez v. Google in 2014). Courts have developed a series of tests in specific cases that provide some minimal protection.
Coverage Internet intermediaries
ARGENTINA
N/A
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Lack of intermediary liability framework in place beyond copyright infringement
A basic legal framework on intermediary liability beyond copyright infringement is absent in Argentina's law and jurisprudence. However, certain articles of the Argentine Civil Code and Intellectual Property Law are used as references for court cases and decisions. For example, in some cases, the courts have found that ISPs are only liable if they have acted with ‘malice or negligence’ (see Rodríguez v. Google in 2014). Courts have developed a series of tests in specific cases that provide some minimal protection.
Coverage Internet intermediaries
ARGENTINA
Since December 2016, last amended in December 2024
Pillar Intermediary liability |
Indicator User identity requirement
Regulation for the Collection of Personal Data and Identity Validation of Users of Mobile Services that Hold a Mobile Number (Reglamento para la Nominatividad y Validación de Identidad de los Usuarios Titulares de los Servicios de Comunicaciones Móviles)
Art. 3 of the "Regulation for the Collection of Personal Data and Identity Validation of Users of Mobile Services that Hold a Mobile Number" requires mobile communication service providers to establish a system for the nomination and verification of registered users’ identities, either in person or remotely, by the providers themselves or through authorised third parties, in accordance with the Regolution’s provisions governing registration. In addition, Art. 7 mandates that, for identity validation, whether conducted remotely or at customer service centres, providers must request the individual’s national identity card and gender and implement appropriate mechanisms to verify these details prior to activating the service.
Coverage Mobile communication service providers
ARGENTINA
N/A
Pillar Public procurement of ICT goods and online services |
Indicator Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Argentina is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA). However, the country has been an observer of the WTO GPA since 1997.
Coverage Horizontal
ARGENTINA
Since July 2003
Since December 2014, as amended in December 2015
Since December 2014, as amended in December 2015
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Law No. 25.750 of Preservation of Cultural Property and Heritage (Ley No. 25.750 de Preservación de Bienes y Patrimonios Culturales)
Law No. 27.078 of Argentina Digital (Ley No. 27.078 de Argentina Digital)
Law No. 27.078 of Argentina Digital (Ley No. 27.078 de Argentina Digital)
Arts. 2 and 3 of Law No. 25.750 stipulate that foreign equity ownership in digital content producers and Internet service providers may not exceed 30%. This limit may be exceeded in the event of a reciprocity agreement. There is no definition of digital content producers in the law. In addition, Art. 13 of Law No. 27.078 provides that ENACOM (Ente Nacional de Comunicaciones, National Communications Entity) must approve any proposed changes to shareholdings or partnership interests in companies in this sector if such changes would affect the control of the company.
Coverage Digital content producers and Internet service providers
Sources
- https://web.archive.org/web/20231214200433/https://www.argentina.gob.ar/normativa/nacional/ley-25750-86632/texto
- https://web.archive.org/web/20230304030336/https://servicios.infoleg.gob.ar/infolegInternet/anexos/235000-239999/239771/texact.htm
- https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/WT/TPR/S412R1.pdf&Open=True
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ARGENTINA
Since April 2006
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Act No. 26.092 - Argentine Company of Satellite Solutions (Ley No. 26.092 - Empresa Argentina de Soluciones Satelitales)
Art. 7 of Act No. 26.092 stipulates that 98% of the shareholding in the Argentine Company of Satellite Solutions (ARSAT) shall be allocated to the Ministry of Federal Planning, Public Investment and Services, while the remaining 2% shall correspond to the Ministry of Economy and Production. Pursuant to Art. 7 of the Annex, Class A shares shall be held by the national government, and these shares may not be transferred except with the authorisation of a statute enacted by Congress, as they embody the State’s controlling interest. Consequently, 51% of the shares are designated as Class A and are State-owned, whereas the remainder could, in principle, be admitted to public trading. Reports indicate that ARSAT intends to undertake a public offering of shares to divest 49% of the company’s equity to the private sector; however, as of 2025, this has not yet materialised.
Coverage Telecommunications sector
ARGENTINA
Since March 1984, last amended in March 2024
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Nationality/residency requirement for directors or managers
Law No. 19,550 - Corporations Law (Ley General de Sociedades No. 19.550)
According to Art. 256 of the Corporations Law, the majority of the board members of all companies must be residents of Argentina. In addition, all directors must establish a special domicile for the purposes of notification.
Coverage Horizontal
ARGENTINA
Since May 1995
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the application process for patents
Law No. 24.481 on Patents for Inventions and Utility Models (Ley No. 24.481 de Patentes de Invención y Modelos de Utilidad)
Art. 3 of the "Law on Patents for Inventions and Utility Models" stipulates that the industrial property rights governed by this legislation may be acquired by natural or legal persons, whether domestic or foreign, provided they possess either an actual or a registered domicile within the country. In addition, Art. 69 prescribes that, in all applications, the applicant is required to establish a legal domicile within the national territory and to notify the National Patent Administration of any subsequent changes thereto.
Coverage Horizontal
ARGENTINA
Since May 1995
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the application process for patents
Law No. 24.481 on Patents for Inventions and Utility Models (Ley No. 24.481 de Patentes de Invención y Modelos de Utilidad)
According to Art. 37 of the Patent Law, patent protection can only be obtained by filing separate national patent applications, but it may be endangered if the application for obtaining the same patent in another country was filed more than one year before the Argentinian filing date and/or it has already been published (Art. 13). In those cases, since Argentina adopts absolute novelty, the novelty requirement will not be fulfilled, and a patent will be denied.
Coverage Horizontal
Sources
ARGENTINA
Reported in 2022, last reported in 2025
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the application process for patents
Reported restrictions on patent application processing
It is reported that stakeholders emphasise substantial delays in the processing of patent applications, averaging seven to eight years. It is further reported that the National Institute of Industrial Property (INPI) operates with a limited number of patent examiners, with resource constraints posing significant challenges to recruitment and retention.
Coverage Horizontal
ARGENTINA
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
Lack of ratification of the Patent Cooperation Treaty (PCT)
Argentina signed the Patent Cooperation Treaty (PCT) in December 1970 but has not ratified it.
Coverage Horizontal
