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Argentina: ENACOM Resolution No. 263/2023

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In brief

With Resolution No. 263/2023 (“Resolution“), published on 17 March in the Official Gazette, the National Communications Entity (Ente Nacional de Comunicaciones (ENACOM)) approved a new Regulation for the Collection of Personal Data and Identity Validation of Users of Mobile Services that Hold a Mobile Number (“Regulation,” “Users” and “Services” respectively).

Providers of the Services (“Providers“) are granted 60 days to adapt their nomination and validation systems to the terms of the Regulation.
 

In focus

The Regulation aims to address the growing number of crimes that are being committed recently (e.g., SIM cloning or SIM swapping).

The Regulation requires Providers to adjust their existing protocols for the registration of new mobile numbers and for changes of certain conditions in which the Services are provided. This means implementing new guidelines for the collection of personal data and identity validation of Users to mitigate risks of fraud and impersonation. The Resolution sees biometric data as a suitable instrument to prevent digital crimes, if Users have mobile terminals with adequate technology.

Among the provisions of the Regulation, we highlight the following:

  • To validate the identity of a User, the Provider must request certain personal data, such as name and surname, ID number, ID procedural number and date of issuance or, in the case of nonresident foreign citizens, the passport and/or any valid travel document. 
  • To implement “critical or sensitive” commercial or technical amendments to a mobile number (e.g., issuance of a new SIM card), the Provider must revalidate the User’s identity using biometric data life proof techniques. If facial images are used, these must be captured in accordance with certain guidelines. If this is not possible, multistep or multifactor identity validation mechanisms should be applied.
  • To change the holder of a mobile number, Providers must, additionally, collect the personal data and validate the identity of the new applicant for registration purposes. If the applicant’s identity cannot be validated, the mobile number in question must be blocked.
  • Breaches to the Regulation will be subject to the sanctions established in the respective licenses, Law No. 27,078, and RESOL-2021-221-APNENACOM#JGM.

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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 Biondi Grane is an Associate in Baker McKenzie, Buenos Aires office.

Author

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

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