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Argentina: New sanctions regime on personal data protection matters

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In brief

On 24 May 2024, Resolution No. 126/2024 (“Resolution“) of the Agency for Access to Public Information was published in the Official Gazette. Among other things, it unifies the sanctions regime of Personal Data Protection Law No. 25,326 and National Do Not Call Registry Law No. 26,951.

In depth

The Resolution seeks to systematize, in a single rule, the diverse regulations in the various dispositions and resolutions that constitute the sanctions regime applicable to the protection of personal data, including the National Do Not Call Registry.
We highlight the following among the novelties introduced by the Resolution:

  • A new classification of infringements to Law 25.326 and Law 26.951.
  • A new regime for the graduation of penalties, establishing a new maximum limit when an administrative act of conviction includes more than one pecuniary penalty for the same punishable conduct.
  • A 50% reduction in the graduation of the fines imposed if the offender makes a voluntary payment within 20 administrative working days of its notification.

With regard to the National Do Not Call Registry in particular, the Resolution approves the following:

  • Form to request the consultation of registrants in the National Do Not Call Registry.
  • Procedure for registration, cancellation and change of ownership of telephone lines in the National Do Not Call Registry, and for consultation of procedures and complaints.
  • Procedure related to complaints for alleged breaches of Law 26.951 and to the opening and management of administrative proceedings.
  • Procedure for consulting the National Do Not Call Registry.

Finally, the Resolution establishes that the National Directorate for the Protection of Personal Data will be in charge of the administration of the registry of violators of Law 25.326 and Law 26.951. The registry will have information related to the offenses committed, the penalties applied, and the recidivism of the offender, among other matters.

The Resolution will enter into force on 1 June 2024.

Click here to read the Spanish version.

Valentina Biondi, Associate, and Catalina Beñatena, Associate, have contributed to this legal update.

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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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