Argentina Data Protection: Law 25,326, AAIP & Transfers
Understand Argentina’s Law 25,326, AAIP enforcement, consent requirements, and international transfer rules. Practical steps and templates with LegalDocs.ai.
Argentina’s Personal Data Protection Law (Law 25,326) and its Regulatory Decree 1558/2001 set the baseline: legality, purpose limitation, data quality, security (Art. 9), and data-subject rights. The AAIP (Agencia de Acceso a la Información Pública) enforces compliance and can impose sanctions. As an owner, inventory what personal and sensitive data you collect, define a lawful basis, and publish an accessible privacy notice (Arts. 5–6). Register applicable databases with the AAIP’s National Registry and assign a responsible officer. LegalDocs.ai can generate compliant notices and keep a change log for audits.
Consent must be free, express, and informed, typically obtained in writing or by equivalent means (Art. 5). Avoid bundled or pre-ticked consent; separate marketing from core service terms, and offer easy opt-out, especially for direct marketing (Art. 27). For minors or sensitive data (e.g., health, ethnicity), use heightened safeguards and limit purposes. Keep timestamped records and granular preference logs to demonstrate accountability. With LegalDocs.ai, you can version consent language, localize disclosures for Spanish speakers, and automate evidence capture across web forms and in-person workflows.
Before transferring data abroad, confirm the destination affords adequate protection or implement safeguards (Art. 12 and 11). Use AAIP-approved model contractual clauses for controller–controller and controller–processor transfers (Dispositions 60-E/2016 and 61-E/2016), or obtain explicit, informed consent when appropriate. Vet vendors, restrict onward transfers, and map flows in and out of Argentina; Argentina itself benefits from EU adequacy, but your outbound transfers still need coverage. LegalDocs.ai helps generate transfer assessments, insert model clauses into vendor agreements, and maintain a centralized register of cross-border data flows.