Protection of Personal Data

Personal data protection constitutes a fundamental right aimed at safeguarding individuals' privacy and control over their personal information. In Argentina, the regime is governed by Personal Data Protection Law No. 25,326 and its implementing regulations.

This framework establishes a comprehensive system applicable to the processing of personal data contained in public or private databases, guaranteeing data subjects the right to access, update and, where appropriate, delete their information through the habeas data action.

As a general principle, the processing of personal data requires the free, express and informed consent of the data subject. However, the law provides for certain exceptions, including cases where the data is obtained from publicly accessible sources, where processing is carried out in the exercise of legal or contractual obligations, or where it is limited to basic identifying information.

The regime grants special protection to so-called sensitive data, defined as data revealing racial or ethnic origin, political opinions, religious or moral beliefs, trade union membership, or information concerning health or sexual life. As a general rule, the processing of such data is prohibited, except in the limited circumstances expressly authorized by law.

The law also establishes obligations for database controllers, including the requirement to register databases with the competent authority and to implement measures ensuring the security and confidentiality of the information. The enforcement authority exercises supervisory powers and may impose sanctions in the event of non-compliance.

Argentina's legal framework has been internationally recognized as providing an adequate level of data protection, thereby facilitating the transfer of personal data from other jurisdictions and supporting activities involving cross-border data flows.

The Firm advises on full compliance with personal data protection regulations, including the implementation of internal processes, the drafting of privacy policies, the management of databases, and assistance in administrative and judicial proceedings related to the exercise of data subjects' rights.

International Protection

The protection of intangible assets often requires a strategy that extends beyond the local scope. In this regard, the Firm provides comprehensive advice on personal data protection matters through a well-established network of specialized correspondents in multiple jurisdictions.

This approach enables the Firm to support its clients in their international expansion, designing protection strategies aligned with their business objectives, the territorial scope of their activities and the specific characteristics of each market.