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ARGENTINA

N/A

Pillar Telecom infrastructure & competition  |  Indicator Licensing restrictions to operate in the telecom market
Reported limits on the number of telecommunications licences
It is reported that a statutory limit applies to the number of licences issued within the telecommunications sector for certain categories.
Coverage Telecommunications sector

ARGENTINA

Since July 1998

Pillar Telecom infrastructure & competition  |  Indicator Signature of the WTO Telecom Reference Paper
WTO Telecom Reference Paper
Argentina has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector

ARGENTINA

Reported in 2017, last reported in 2024

Pillar Telecom infrastructure & competition  |  Indicator Presence of an independent telecom authority
Presence of an independent telecom authority
It is reported that the "Ente Nacional de Comunicaciones" (ENACOM), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.
Coverage Telecommunications sector

ARGENTINA

Since November 2017, entry into force in February 2019

Pillar Cross-border data policies  |  Indicator Local storage requirement
Communication A 6354 (Comunicación “A” 6354)
Section 2.2.6 of the Annex to Communication A 6354 of the Central Bank of Argentina (BCRA) delineates the data that must be retained within the national territory when financial institutions decentralise and outsource information technology services. Specifically, financial entities are required to store in the country the original accounting books and records, files containing the information provided, documents signed by clients, debtors' files and associated documents, as well as guarantees supporting the financing granted.
Coverage Financial sector

ARGENTINA

Since October 2000
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)
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

ARGENTINA

Signed in November 2017, entry into force in May 2019
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)
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.
Coverage Horizontal

ARGENTINA

Since September 1933

Pillar Intellectual Property Rights (IPRs)  |  Indicator Copyright law with clear exceptions
Law No. 11.723 - Intellectual Property Law (Ley No. 11.723 - Régimen Legal de la Propiedad Intelectual)
Argentina has a copyright regime under Law 11.723. However, the exceptions do not follow the fair use or fair dealing model, thus limiting third parties' lawful use of copyrighted works. Arts. 10, 27, 28, 36 list the exceptions, which include the use and transmission of news of general interest (the original version must be published if the source is mentioned); the publication of parliamentary speeches, provided it is not done for profit; the performance of literary or artistic works in public events organised by educational institutions, provided that the performance is not broadcast and is free of charge.
Coverage Horizontal

ARGENTINA

Reported in 2018, last reported in 2025

Pillar Intellectual Property Rights (IPRs)  |  Indicator Enforcement of copyright online
Lack of adequately enforcement of copyright online
It is reported that the enforcement of intellectual property rights in Argentina is challenging, with stakeholders indicating widespread unfair competition stemming from the sale of counterfeit and pirated goods and services. Moreover, Argentina is reportedly experiencing elevated levels of online piracy, accompanied by inadequate enforcement mechanisms. Stakeholders indicate significant incidences of piracy facilitated through illicit streaming devices (ISDs) and unauthorised internet protocol television (IPTV) applications. In addition, concerns persist regarding the continued use of unlicensed software within governmental institutions in Argentina.
Coverage Horizontal

ARGENTINA

Since March 2002

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
Argentina has adopted the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal

ARGENTINA

Since May 2002

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
Argentina has adopted the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal

ARGENTINA

Since March 1921, last amended in 2021
Since January 1997
Since April 2019

Pillar Intellectual Property Rights (IPRs)  |  Indicator Effective protection covering trade secrets
Criminal Code (Código Penal de la Nación Argentina)

Law No. 24.766 on Confidential Information (Ley No. 24.766 de Confidencialidad sobre Información y Productos que estén Legítimamente Bajo Control de una Persona y se Divulgue Indebidamente de Manera Contraria a los Usos Comerciales Honestos)

Emergency Decree No. 74/2019 (Decreto No. 274/2019 de Lealtad Comercial)
In Argentina, trade secrets are protected by the provisions of Art. 156 of the Criminal Code, Law 24,766 and Emergency Decree 274/2019, establishing a comprehensive protection regime for trade secrets.
Coverage Horizontal

ARGENTINA

Since December 2020

Pillar Telecom infrastructure & competition  |  Indicator Passive infrastructure sharing obligation
Passive Infrastructure Sharing Regulation (Reglamento de Compartición de Infraestructura Pasiva) 
There is an obligation for passive infrastructure sharing to deliver telecom services to end users. The sharing of passive infrastructure is regulated by different rules, among which the Passive Infrastructure Sharing Regulation, approved as an Annex to Resolution No. 105/2020 of the former Secretariat of Public Innovation, stands out. Moreover, passive infrastructure sharing is practised in the mobile and fixed sectors.
Coverage Telecommunications sector

ARGENTINA

Since November 2016

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Law No. 27.328 - Law on Contracts between the State and Private Investors (Ley No. 27.328 de Contratos de Participación Público - Privada)
Law 27.328 establishes that at least 33% of the goods and services used in public-private partnership contracts must be provided by local companies.
Coverage Horizontal

ARGENTINA

Since July 2003
Since December 2014, as amended in December 2015

Pillar Telecom infrastructure & competition  |  Indicator Maximum foreign equity share for investment in the telecommunication sector
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)
Arts. 2-3 of Law No. 25.750 stipulate that foreign equity ownership in Internet service providers may not exceed 30%. This limit may be exceeded in the event of a reciprocity agreement. 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 Internet service providers

ARGENTINA

Since August 2000

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
MSMEs Development Law No. 25.300 (Ley de Fomento para la Micro, Pequeña y Mediana Empresa No. 25.300)
Argentina gives preference to MSMEs in public procurement procedures through the Compremipyme Programme. Under Art. 39 of Law No. 25.300, establishing the Programme, the jurisdictions and entities of the national public sector should apply a 5% preference right to tenders from MSMEs supplying goods or services produced in the country for purposes of comparing them with the best tender and awarding the goods or services contract to such enterprises. The Programme also stipulates a minimum preference rate of 10% in tenders or bids for the procurement of goods and services in which only MSMEs are competing. Furthermore, Art. 40 authorises the Executive to consider partial bids in order to facilitate and increase the participation of MSMEs in tenders and bids for the procurement of goods and services in quantities in line with their scale of production.
Coverage Horizontal

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