Database

Browse Database

ARGENTINA

Since March 2023
Since December 2016
Since March 2023

Pillar Intermediary liability  |  Sub-pillar User identity requirement
Resolution No. 263/2023 - Regulations for the Nominativity and Identity Validation of Users of Mobile Communications Services (Resolución No. 263/2023 - Reglamento para la Nominatividad y Validación de Identidad de los Usuarios Titulares de los Servicios de Comunicaciones Móviles)

Resolution No. 8507 - E/2016 - Regulations for the Nominativity and Identity Validation of Users of Mobile Communications Services (Resolución No. 8507 - E/2016 - Reglamento para la Nominatividad y Validación de Identidad de los Usuarios Titulares de los Servicios de Comunicaciones Móviles)

Resolution No. 263/2023, Regulation for the Nominativity and Validation of Identity of Users of Mobile Communications Services (Resolución No. 263/2023, Reglamento para la Nominatividad y Validación de Identidad de los Usuarios de los Servicios de Comunicaciones Móviles)
Art. 15 of the Regulations for the Nominativity and Identity Validation of Users of Mobile Communications Services provides that each mobile communications service provider shall keep the receipts corresponding to the identity validation process of its customers for a period of 10 years. These Regulations replaced Resolution 8507 - E/2016, which contained a similar requirement in its Art. 24.
Since March 2023, identity validation through biometric data has become mandatory for mobile services. According to Art. 12 of Resolution 263/2023, Mobile Communications Service Providers are required to validate users' identities using biometric data validation mechanisms, which may involve active or passive proof of life techniques. If facial images are used, they must be captured following the guidelines of the International Civil Aviation Organisation (ICAO) Standard 9303.
Coverage Mobile communications service providers

ARGENTINA

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

Pillar Telecom infrastructure & competition  |  Sub-pillar 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 April 2006

Pillar Telecom infrastructure & competition  |  Sub-pillar Maximum foreign equity share for investment in the telecommunication sector
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 a reseller of satellite capacity to third parties. The company holds exclusive rights to operate and commercialise 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. As a result, the State still maintains a monopoly over fibre optic wholesale and satellite communication services.
Coverage Fibre optic wholesale service and satellite communication services

ARGENTINA

Since April 2006
Since September 2015

Pillar Telecom infrastructure & 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 No. 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 fibre optic network (ReFeFo) and provides retail fibre 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 private.
Coverage Telecommunications sector

ARGENTINA

Since December 2014, last amended in April 2024
Since September 2000

Pillar Telecom infrastructure & competition  |  Sub-pillar Functional/accounting separation for operators with significant market power
Law No. 27.078 of Argentina Digital (Ley No. 27.078 de Argentina Digital)

Decree No. 764/2000
Argentina has established both functional (Art. 47 of Law No. 27,078) and accounting separation (Art. 12 of Decree No. 764) for the operator with significant market power.
Coverage Telecommunications sector

ARGENTINA

Reported in 2021, last reported in 2023

Pillar Telecom infrastructure & 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 providing 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 fulfil 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 pending at the Undersecretariat of Information and Communications Technologies, which 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 services

ARGENTINA

Since August 2020

Pillar Telecom infrastructure & competition  |  Sub-pillar Other restrictions to operate in the telecom market
Decree No. 690/2020
According to Arts. 48 and 54 of Law No. 27.078, as amended by Decree No. 690/2020, the National Communications Agency (ENACOM) regulates the pricing of essential and strategic public services, including basic fixed and mobile telephony services. This regulatory framework has been identified as a potential obstacle to the bidding process for fifth-generation (5G) mobile technology, which the government intended to initiate in early 2023. It is reported that if service prices continue to be set by the state, as stipulated in the Decree, companies may struggle to recover their investment.
Coverage Telecommunications sector

ARGENTINA

Since July 1998

Pillar Telecom infrastructure & competition  |  Sub-pillar Signature of the World Trade Organization (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 & competition  |  Sub-pillar 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 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 in 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

Signed in November 2017, entry into force in 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 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.
Coverage Horizontal

ARGENTINA

Since October 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 defines several data protection-related terms and includes 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 primarily based on the EU Data Protection Directive 95/463 and the subsequent local legislation issued by the European countries (mainly Spain).
Coverage Horizontal

ARGENTINA

Reported in 2018, last reported in 2023

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Enforcement of copyright online
Lack of adequately enforcement of copyright online
It is reported that Argentina has a poor track record of enforcing copyright, with few prosecutions and lengthy court delays. As a result, Argentina continues to have high rates of copyright piracy, including online. Right holders cite the widespread use of unlicensed software by Argentine private enterprises and the government.
Coverage Horizontal

ARGENTINA

Since March 2023
Since December 2016

Pillar Domestic data policies  |  Sub-pillar Minimum period for data retention
Resolution No. 263/2023 - Regulations for the Nominativity and Identity Validation of Users of Mobile Communications Services (Resolución No. 263/2023 - Reglamento para la Nominatividad y Validación de Identidad de los Usuarios Titulares de los Servicios de Comunicaciones Móviles)

Resolution No. 8507 - E/2016 - Regulations for the Nominativity and Identity Validation of Users of Mobile Communications Services (Resolución No. 8507 - E/2016 - Reglamento para la Nominatividad y Validación de Identidad de los Usuarios Titulares de los Servicios de Comunicaciones Móviles)
Art. 15 of the Regulations for the Nominativity and Identity Validation of Users of Mobile Communications Services provides that each mobile communications service provider shall keep the receipts corresponding to its customers' identity validation process for 10 years. These Regulations replaced Resolution 8507 - E/2016, which contained a similar requirement in its Art. 24.
Coverage Mobile communications service providers

ARGENTINA

Since March 2002

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Copyright Treaty
WIPO Copyright Treaty
Argentina has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal

Report issue     Report new measure