By means of Resolution No. 198/2023, published in the official gazette on 18 October 2023, the Agency of Access to Public Information (AAIP) approved the model contractual clauses included in the Implementation Guide of Model Contractual Clauses for International Personal Data Transfers of the Ibero-American Data Protection Network (MCC and IADPN, respectively).
In the absence of an adequacy decision, Argentine law recognizes self-regulation or contractual clauses as adequate guarantees for the international transfer of personal data, provided that they offer protection guarantees comparable to Argentine regulations.
Argentina has approved standard contractual clauses through Disposition No. 60-E/2016, which the AAIP committed to update when it approved its 2022-2026 Strategic Plan.
By incorporating the MCC of the IADPN into the Argentine regulatory framework, the AAIP recognizes these MCC as a valid mechanism for the international transfer of personal data to countries without adequate legislation.
In addition, by recognizing the MCC of the IADPN as a valid mechanism, the AAIP promotes coherence with international standards and facilitates collaboration with countries in the region, such as Uruguay or Peru, that have adopted similar measures.
The incorporation of these instruments, in addition to promoting security in data transfers, contributes to regulatory harmonization and consolidates Argentina’s position in the protection of privacy.