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Argentina: Law approving Convention 108+ enacted

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In brief

On 30 November 2022, Decree No. 792/2022 (“Decree“) enacting Law No. 27,699 (“Law“) that approves Convention 108+ on the Protection of Individuals with regard to Automatic Processing of Personal Data, was published in the Official Gazette.

In focus

Convention 108+ is a binding multilateral instrument on the protection of data by non-EU signatory states, and imposes a commitment on Argentina to update its regulatory framework in order to comply with Convention 108+’s obligations.

Although the legislative process to incorporate Convention 108+ into local legislation has been completed, Convention 108+ is not yet in force. It will enter into force on 11 October 2023,  when it is ratified by all state parties or when at least 38 states have ratified it by that time.

The publication of the Decree in the Official Gazette can be found here. The Law, which includes an annex with a Spanish version of Convention 108+, was also published.

For more information about Convention 108+, please consult the News Alert.

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.

Author

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

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