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In brief

By means of Resolution No. 994/2021 (“Resolution“), the Domestic Trade Secretariat extended the list of clauses considered abusive in consumer contracts.

The Resolution became effective as of 2 October 2021 (“Effective Date“).


As from the Effective Date, 15 new clauses will be added to the list of abusive clauses foreseen under the Annex of Resolution No. 53/2003.

Some of the new clauses that will be considered abusive — in terms of the Consumer Protection Law No. 24,240, as amended and complemented — are as follows:

  • hindering, distorting or limiting consumers’ right to revoke their acceptance of contracts executed at a distance, including those celebrated by electronic means
  • allowing suppliers of goods and services to use a consumer’s data after the contract has ended and the consumer has requested such data to be deleted
  • considering the contract to have been accepted simply becasue the consumer navigated the website
  • allocating to consumers the consequences of force majeure events
  • excluding or limiting the supplier’s liability for damages

The Resolution was issued after the Domestic Trade Secretariat detected that suppliers of goods and services included these types of clauses in consumer contracts.

Click here to access the Spanish version.

Author

Martín Roth is a partner in the M&A, Real Estate and TMT practice groups in Baker McKenzie's Buenos Aires office. Martín has more than 13 years of extensive transactional domestic and international experience, focusing on the real estate and TMT industries. Prior to joining Baker McKenzie, he worked as a trainee lawyer on the Corporate, Banking/Finance and Litigation areas with a local law firm in Argentina. From 2007 to 2012, he worked in Baker McKenzie's Buenos Aires office. From 2013 to 2016, he worked as an independent attorney at another law firm. Martín rejoined the Buenos Aires office in 2016 and was named partner in July 2019.

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