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Argentina: Data protection authority enables registration of foreigners responsible for personal databases

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In brief

On 29 November 2022, the Agency for Access to Public Information (DPA) incorporated an online registration form to enable foreign individuals and legal entities that are not established in Argentina but that process personal data of Argentine citizens to register as “responsible for personal databases.

In focus

Personal Data Protection Law No. 25,326 and its related regulations set forth that both those responsible for databases that will issue reports (“Persons Responsible for Databases“) and the existence of said databases must be registered with the National Registry of Databases (“Registry“).

Although initially the registration procedure had to be carried out in paper format and, in certain cases, renewed annually, in 2018 the DPA resolved — by means of Resolution 132/2018 — that the registration must be completed online through the Trámites a Distancia platform (TAD).

However, TAD — as well as the template registration forms to be completed — did not consider scenarios in which the Persons Responsible for Databases were foreigners.

With the implementation of the new online registration form, foreign Persons Responsible for Databases that process personal data of Argentine citizens must now register with the Registry, even if they have no local presence in Argentina. The main purpose of this initiative is to guarantee data subjects a higher level of protection, so that a Person Responsible for Databases’ lack of presence in Argentina does not entail an obstacle for data subjects to exercise their rights. 

The new online registration form can be accessed here and has the nature of a sworn statement.

Download the Spanish version.

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Author

Guillermo Cervio is a partner in Baker McKenzie’s Buenos Aires office. With more than 30 years of experience, he is recognized as a foremost practitioner in his field. He founded the IT/C team in Argentina and was the coordinator of the LatAm IT/C team from 2008 to 2017. He is currently a member of the Steering Committee of Baker McKenzie LatAm’s IPTC team.
Guillermo has authored books and articles on legal matters. He has won awards for his book “Derecho de las Telecomunicaciones” (National Academy of Law - Mención de honor, 1998, and Austral University - premio tesina,1997) as well as for the paper he filed in the IX National Congress on Corporate Law (Tucumán, 2004). He has been a professor at the University of Buenos Aires, Austral University, Palermo University, Catholic University and CEMA. In 2003, he was awarded the Folsom fellowship grant by the Center for American and International Law in Dallas.

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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Valentina Salas is an Attorney at Law in Baker McKenzie Buenos Aires office.

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