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ARGENTINA

Since December 2016
Since December 2016

Pillar Intermediary liability  |  Sub-pillar User identity requirement
Resolution 8507 - E/2016 (Resolution 8507 - E/2016)

Regulations for identity validation of mobile communications services (Reglamento para la nominatividad y validación de identidad de los usuarios titulares de los servicios de comunicaciones móviles)
Art. 2 of Resolution 8507 - E/2016 states that the Mobile Communications Service Providers (MCSP) must store and systematize the information corresponding to the name, surname, National Identity Document (DNI) and address of the holders of the mobile telecom service in an Identity Registry of Owner Users of the Mobile Communications Service. Such a system has to be developed, operated and administered at the cost of the operator and the information must be available for the eventual requirement of the public prosecutor's office and/or the judiciary. Moreover, according to Art. 3 of the Regulations for identity validation of mobile communications services, PSCM must implement a nomination and validation system, either by itself or by third parties, that includes the identity of natural or legal persons who purchase a mobile telephone line.
Coverage Telecommunications sector

ARGENTINA

N/A

Pillar Intermediary liability  |  Sub-pillar Safe harbor 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 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

Pillar Domestic Data policies  |  Sub-pillar Minimum period for data retention
Resolution 8507 - E/2016 - Regulations for the Nominativity and Identity Validation of Users of Mobile Communications Services (Resolución 8507 - E/2016 - Reglamento para la Nominatividad y Validación de Identidad de los Usuarios Titulares de los Servicios de Comunicaciones Móviles)
According to Art. 24 of the Regulations for the Nominativity and Identity Validation of Users of Mobile Communications Services (Resolution 8507), each Mobile Communications Service Provider shall keep the corresponding receipts of the validation process carried out by each of its users, and in accordance with the method chosen for the validation: Interactive Voice Response records or web page, recording of the communication with the call center, copies of the documentation submitted in person, for a period of 10 years for the purpose of the Application Authority to carry out the audits it deems appropriate.
Coverage Mobile communications service providers

ARGENTINA

Since May 2019

Pillar Cross-border data policies  |  Sub-pillar Participation in trade agreements committing to open cross-border data flows
Trade Agreement between the Argentine Republic and the Republic of Chile
According to the Art. 11.6 of the Trade Agreement between the Argentine Republic and the Republic of Chile, the Parties recognize 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.
Coverage Horizontal

ARGENTINA

Since 2000

Pillar Domestic Data policies  |  Sub-pillar Framework for data protection
Law No. 25,326, of October 2000 - Personal Data Protection Law (Ley No. 25.326 de Protección de los Datos Personales)
The Data Protection Law defined several data protection-related terms and included general principles regarding data collection and storage, outlining the data owner's rights and setting out the guidelines for the processing of personal data. It is an omnibus law largely based on the EU Data Protection Directive 95/463 in force at that time, and the subsequent local legislation issued by the European countries (mainly Spain). Moreover, on 30 June 2003, the European Union issued a resolution establishing that Argentina had a level of protection consistent with the protection granted by the Directive with respect to personal data.
Coverage Horizontal

ARGENTINA

Since 1890, repealed in 2015
Since 2015

Pillar Domestic Data policies  |  Sub-pillar Minimum period for data retention
Commercial Code (Código de Comercio)

Civil and Commercial Code of the Argentine Republic (Código Civil y Comercial de la Nación)
According to Art. 67 of the Commercial Code, commercial books and related documents had to be stored for a term of 10 years. Although the Argentine Commercial Code was repealed in 2015, the Civil and Commercial Code, which replaces the previous Code, sets forth a period of 10 years for the conservation of accounting documentation (Art. 328).
Coverage Horizontal

ARGENTINA

Since October 2000
Since November 2016
Since February 2019
Since April 2015

Pillar Cross-border data policies  |  Sub-pillar Conditional flow regime
Law No. 25,326, of October 2000 - Personal Data Protection Law (Ley No. 25.326 de Protección de los Datos Personales)

Regulation No. 60-E/2016 (Disposición No. 60-E/2016)

Resolution No. 34/2019 (Resolución No. 34/2019)

Provision No. 18/2015 (Disposición No. 18/2015)
According to the Personal Data Protection Law, personal data can be transferred only to countries with an adequate level of protection (Art. 12). These countries, in accordance with Art. 3 of Regulation No. 60-E/2016, include Member States of the European Economic Area (EEA), Switzerland, Guernsey, Jersey, Isle of Man, Faroe Islands, Canada (only in relation to its private sector), Andorra, New Zealand, Uruguay and Israel (only in relation to the data handled automatically). The United Kingdom was included to this list through Art. 1 of Resolution No. 34/2019. In addition, there are exceptions to transfer data abroad, including consent by the data owner, the use of contractual clauses, and binding corporate rules for intra-group international transfer.
Provision No. 18/2015, issued by Argentina’s National Directorate for Personal Data Protection, treats cloud storage as an international transfer of data, therefore applying the same conditions for the use of these services (Guide to Good Privacy Practices for the Development of Applications, 4.a.7).
Coverage Horizontal

ARGENTINA

Since July 1998

Pillar Telecom infrastructure and competition  |  Sub-pillar 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

Since December 2015

Pillar Telecom infrastructure and competition  |  Sub-pillar Presence of 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 August 2020

Pillar Telecom infrastructure and competition  |  Sub-pillar Other restrictions to operate in the telecom market
Decree No. 690/2020
Decree No. 690/2020 has been signaled as a potential hinder to the bidding processes for the fifth generation of mobile telephony technologies (5G) that the Government wants to carry out in the first quarter of 2023. It is reported that, if the prices of services are determined by the State as stated in this Decree, companies would not be able to recover their investment.
Coverage Telecommunications sector

ARGENTINA

Last reported in 2016

Pillar Telecom infrastructure and competition  |  Sub-pillar Other restrictions to operate in the telecom market
Lack of transparency in telecom regulatory framework
It has been reported in 2016 that telecommunication regulations differ significantly on the municipal level, which creates ambiguity for infrastructure deployment. This is especially so for rules regarding wiring and the installation of antennas.
On the other hand, the Information and communications technology service licensing Regulation ("Reglamento de licencias de servicios de tecnologías de la información y las comunicaciones") from November 2017 simplifies the requirements to obtain a license. Among corporate documents, a sworn statement is required to be filed to ensure compliance with standards and technical specifications for the rendering of ICT Services (Art. 5.3.d). The license will be tacitly granted if the National Communications Agency (ENACOM) does not issue a decision within 60 days after the application has been filed (Art. 7). According to the same Regulation, providers of active and passive infrastructure leasing services and associated resources for the rendering of ICT Services are exempted from the obligation to obtain a license (Art. 2).
Coverage Telecommunications sector

ARGENTINA

Reported in 2021

Pillar Telecom infrastructure and competition  |  Sub-pillar Other restrictions to operate in the telecom market
Complaint on long-standing applications for satellite networks
Argentina has a single licensing system, regulated by the National Entity for Communications (ENACOM), for the provision of all types of telecommunications services, with or without its own infrastructure. When applying for a license, national and foreign operators are subject to the same requirements. The single license does not expire unless the operator requests its cancellation or ceases to fulfill its obligations as a service provider.
However, it has been reported that there are several long-standing applications for authority to operate certain satellite systems [fixed-satellite service (FSS), including the Ka-band (17.2-20.2 GHz uplink and 27.5-30 GHz downlink)] pending at the Undersecretariat of Information and Communications Technologies, who has failed to provide any information on the reason for the delay in processing such applications. Also, it has been reported that the country has high spectrum usage fees for satellite services.
Coverage Satellite networks

ARGENTINA

Since April 2006
Since September 2015

Pillar Telecom infrastructure and competition  |  Sub-pillar Presence of shares owned by the government in telecom companies
Law No. 26,092 - Argentine Company of Satellite Solutions (Ley No. 26.092 de Empresa Argentina de Soluciones Satelitales)

Law No. 27,208 - Satellite Industry Development Law (Ley 27,208 - Ley de Desarrollo de la Industria Satelital)
The Empresa Argentina de Soluciones Satelitales S.A. (ARSAT) is an Argentine state-owned company that belongs to the government of the Argentine Republic. The company was created in 2006 by Law No. 26,092, it operates the federal fiber optic network (ReFeFo), and provides retail fiber optic and satellite communications services. According to Art. 8 of Law 27,208, 51% of ARSAT belongs to the Argentine State, while the remaining 49% is in private hands.
Coverage Telecommunications sector

ARGENTINA

Since December 2014
Since September 2000

Pillar Telecom infrastructure and competition  |  Sub-pillar Functional/accounting separation for operators with significant market power
Law No. 27,078

Decree No. 764
Argentina has established both functional (Art. 47 of Law No. 27,078) and accounting separation (Art. 12 of Decree No. 764) by law for the operator with significant market power.
Coverage Telecommunications sector

ARGENTINA

Since April 2006

Pillar Telecom infrastructure and competition  |  Sub-pillar Other restrictions to operate in the telecom market
Law No. 26,092 - Argentine Company of Satellite Solutions (Ley No. 26.092 de Empresa Argentina de Soluciones Satelitales)
According to Law 26,092, the state-owned Empresa Argentina de Soluciones Satelitales S.A. (ARSAT S.A.) operates the federal fibre optic (backbone) network (ReFeFo) and provides retail fibre optic and satellite communication services. ARSAT acts as both a satellite operator and as a reseller of satellite capacity to third parties. The company holds exclusive rights to operate and commercialize geostationary orbital position 81W in Ku-band (North and South America) and C-band (hemispheric coverage). The regulator for the telecommunications sector, the National Entity for Communications (ENACOM) allocates frequency bands to ARSAT directly and not through auctions. In 2019, it was decided that the frequencies not used by ARSAT would be put up for auction. However, the auctions have not yet been held.
Coverage Fibre optic and satellite services