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ARGENTINA

Since October 2019

Pillar Online sales and transactions  |  Sub-pillar Restrictions on online payments
Communication "A" 6823 (Comunicación "A" 6823)
Under Communication A 6823, cash advances made abroad from local credit cards are limited to a maximum of 50 USD per transaction. Companies and individuals need to obtain prior clearance from the Central Bank before transferring funds abroad, including dividend payments or paying for services rendered to a company by foreign affiliates. Individuals do not need to obtain Central Bank approval if transfers are made from their foreign currency accounts in Argentina to their accounts abroad.
Coverage Electronic payments

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

Since January 2020

Pillar Domestic data policies  |  Sub-pillar 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  |  Sub-pillar 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  |  Sub-pillar 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 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 December 2006, last amended in August 2023

Pillar Quantitative trade restrictions for ICT goods and online services  |  Sub-pillar Import ban applied on ICT goods or online services
Law No. 26,184 on Portable Electric Energy (Ley No. 26.184 sobre Energía Eléctrica Portátil)
Law 26,184 set out import prohibition on ordinary zinc-carbon and manganese alkaline primary cells and primary batteries, in cylindrical or prism form, with a mercury content exceeding 0.0005% by weight, a cadmium content exceeding 0.015% by weight and a lead content exceeding 0.2% by weight.
Coverage HS 8506 (Certain primary cells and primary batteries)

ARGENTINA

Since January 2021

Pillar Quantitative trade restrictions for ICT goods and online services  |  Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Communication “A” 7201 (Comunicación “A” 7201)
According to Communication "A" 7201, prior authorisation from the Central Bank of Argentina (BCRA) is required to access the foreign exchange market for the payment of imports of certain goods, including cell phones above USD 500 and other electronic products.
Coverage Mobile phones and other electronic products

ARGENTINA

Since July 1994, last amended in June 2019

Pillar Quantitative trade restrictions for ICT goods and online services  |  Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Resolution No. 909/94 (Resolución No. 909/94)
According to Art. 1 of Resolution 909/1994 (first amended by Decree No. 1205/2016, last amended by Decree No. 406/2019), a Certificate of Importation of Used Goods (CIBU) is needed for the definitive import for consumption of used goods included in the tariff positions of Chapters 84 to 90 of the Common Nomenclature of MERCOSUR (N.C.M.). This certificate must be filed before the General Customs Direction of the Federal Administration of Public Revenue. The used goods listed in Annex I, which includes goods using a magnetic, optical or semiconductor carrier (8519.81), subscriber line concentrators (central office terminal or remote terminal) (8517.62.14) and other switching apparatus (8517.62.39), shall be subject to an import duty that is 100% higher than the level of the Import Duty Extra Zone (DIE) that corresponds to the correspondent tariff position of the NCM.
Coverage Used ICT goods

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

N/A

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar 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

ARGENTINA

Since September 1933

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar 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

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