Argentina Regulatory Compliance Services

The law is supplemented by implementing regulations, including Decree No. 1558/2001, and relevant guidance and decisions issued by the competent authority.

Organizations should assess requirements relating to:

• Lawful and fair collection and processing of personal data.
• Data quality, accuracy, relevance, and proportionality.
• Clear information about data collection and processing purposes.
• Consent where required by law.
• Data subject rights, including access and rectification.
• Requests for updating or deleting personal data where applicable.
• Security and confidentiality of personal information.
• Data retention and appropriate disposal.
• Third-party disclosures and data processing arrangements.
• International transfers of personal data.
• Applicable database registration and reporting obligations.

Organizations should establish documented processes for:

• Receiving and authenticating privacy requests.
• Identifying the personal data covered by a request.
• Locating relevant records across systems and vendors.
• Reviewing requests against applicable legal requirements.
• Responding within the required timeframes.
• Correcting inaccurate or incomplete information.
• Handling deletion requests where legally appropriate.
• Documenting responses and decisions.

A practical security and incident management program should address:

• Access controls and authentication.
• Secure storage and transmission of personal data.
• Risk assessments and vulnerability management.
• Third-party and vendor security.
• Incident detection and escalation.
• Evidence preservation and incident documentation.
• Remediation and recovery procedures.
• Assessment of any applicable regulatory or individual notification obligations.

Argentina restricts transfers to countries that do not provide an adequate level of personal data protection, subject to applicable exceptions and permitted mechanisms.

Businesses should assess:

• The countries receiving personal data.
• The categories and sensitivity of information transferred.
• The purposes of the transfer and the recipients involved.
• Whether the destination is recognized as providing adequate protection.
• Whether an applicable exception, safeguard, or authorized mechanism is available.
• Contractual and organizational safeguards.
• Onward transfers and third-party processing.
• Documentation supporting the transfer assessment.

Relevant considerations may include:

• The nature and purpose of personal data databases.
• The identity and responsibilities of the relevant organization.
• Categories of personal data and affected individuals.
• Data recipients and disclosure arrangements.
• Security and retention practices.
• Applicable registration and updating requirements.

Businesses selling products or services to consumers should assess requirements relating to:

• Accurate and understandable commercial information.
• Advertising and representations about products or services.
• Contractual terms and consumer rights.
• Complaint handling and dispute resolution.
• Consumer-facing disclosures.
• Fair commercial practices.
• Applicable rules for distance and online sales.

Organizations using websites, mobile applications, online contracts, and digital sales processes should review:

• Electronic contract formation and records.
• Information presented before purchase.
• Confirmation and retention of transaction records.
• Terms and conditions and applicable consumer rights.
• Cancellation and withdrawal rights where applicable.
• Electronic customer communications.
• The integrity and accessibility of relevant records.

Organizations should assess:

• What information is collected through websites and applications.
• Whether the information identifies or can be associated with individuals.
• Applicable legal grounds and consent requirements.
• The clarity of privacy notices and processing disclosures.
• Third-party analytics and advertising integrations.
• Retention, security, and data sharing arrangements.
• International transfers resulting from cloud or tracking services.
• Additional requirements under foreign laws applicable to the website.

Depending on the service and the organization's regulatory status, relevant obligations may concern:

• Telecommunications and information technology services.
• Applicable licensing and authorization requirements.
• Service provision and user protection.
• Communications infrastructure and network obligations.
• Regulatory reporting and sector-specific compliance.
• Relevant security and operational requirements.

Organizations should assess the cybersecurity requirements relevant to their sector, contractual commitments, government relationships, and operational responsibilities.

A practical cybersecurity governance program should address:

• Risk identification and assessment.
• Access controls and asset management.
• Vulnerability management and security testing.
• Incident response and recovery.
• Business continuity and resilience.
• Third-party security and supply chain risks.
• Personal data protection and incident coordination.
• Applicable sector-specific reporting requirements.

Businesses conducting direct marketing should assess:

• Whether contact details are being used lawfully.
• Applicable requirements for marketing communications.
• Whether telephone numbers must be screened against the Do Not Call Registry.
• The handling of objections and communication preferences.
• Transparency about the use of personal data.
• Third-party marketing and lead-generation arrangements.
• Recordkeeping and evidence of compliance.

AI governance should address:

• Personal data used to train, test, or operate AI systems.
• Transparency and appropriate disclosures.
• Human oversight and accountability.
• Accuracy, bias, and potential harm.
• Third-party AI providers and processing arrangements.
• Security, access controls, and data retention.
• Risk assessment and supporting documentation.
• International regulations that may apply to AI products or services.

Relevant authorities and frameworks may include:

• Central Bank of the Argentine Republic (BCRA): Rules applicable to covered banking and financial activities, including relevant technology, security, and operational risk requirements.
• National Securities Commission (CNV): Requirements for covered securities market participants and regulated activities.
• Superintendence of Insurance of the Nation (SSN): Rules applicable to regulated insurance entities.
• ENACOM: Requirements for covered telecommunications and communications activities.
• Ministry of Health and relevant health authorities: Requirements applicable to healthcare operations and related services.
• Other sector authorities: Additional requirements for energy, utilities, transport, and other regulated industries.

Potentially relevant frameworks include:

• EU GDPR: For covered processing activities within its territorial scope.
• UK GDPR: Where applicable UK territorial-scope conditions are met.
• CCPA/CPRA: For businesses and processing activities that meet California's applicable scope and threshold requirements.
• Other international privacy laws: Depending on customer locations, business operations, data flows, and contractual arrangements.