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In brief

The European Commission (“Commission“) concluded that personal data transferred from the European Union (EU) to Argentina are adequately protected and, therefore, can continue to flow freely from the EU to Argentina.


In more detail

On 15 January 2024, the Commission published its conclusions regarding the first review of the adequacy decisions adopted — pursuant to Article 25(6) of Directive 95/46/EC (“Directive“) — in 1995. In these decisions, the Commission had determined that 11 countries or territories, including Argentina, guaranteed an adequate level of protection of personal data. This allowed data transfers from the EU to these countries.

With the entry into force of the EU General Data Protection Regulation 2016/67914 in 2018, it was established that adequacy decisions issued under the Directive would remain in force but be subject to review every four years.

In this first review, the Commission determined that data protection frameworks in the countries and territories under review have evolved through legislative reforms and regulations of the data protection authorities, among others.

In the case of Argentina, the Commission highlighted the importance of the independence of the Agency for Access to Public Information as a supervisory authority and the ratification of Convention 108+ in 2023. In addition, the Commission noted that the Data Protection Bill introduced in Congress could consolidate these developments, further strengthening the data protection framework in the country.

This decision is relevant as it positions the country at the forefront in the protection of personal data and enables fluidity and security in international operations.

Spanish version

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

Catalina Beñatena is an Associate in Baker McKenzie, Buenos Aires office.

Author

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

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