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Guillermo Cervio

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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.

By means of Decree No. 302/2024, published in the Official Gazette on 10 April 2024 (“Decree”), the National Executive Branch (PEN for its acronym in Spanish) has amended Argentine Digital Law No. 27,078 and repealed Decree No. 690/2020.
The Decree’s main purpose is to free the market and to develop Information and Communication Technology Services, allowing licensees to freely set prices, which shall be fair and reasonable; cover the operation costs; and aim at efficient provision and a reasonable operating margin.

In the context of the International Data Protection Day, on 26 January 2024, the Agency of Access to Public Information (AAIP, its acronym in Spanish) published their “Recommendations to protect personal data on the internet”. The AAIP provided five recommendations to users of any digital platform that entails the assignment of personal data.

Data is a critical asset in today’s globally connected economy. Rapidly evolving technologies have made it easier than ever for companies to collect, use and transfer data throughout the world. Yet strict data protection, privacy and cybersecurity regulation is evolving rapidly, imposing complex and often inconsistent standards. Our Global Data Privacy & Cybersecurity Handbook is updated annually to help you keep up with the dynamic legal landscape. We provide detailed overviews and allow a comparative perspective of the increasingly complex and sophisticated data privacy and cybersecurity standards in over 50 countries.

The European 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. 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 — 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.

Following Administrative Decision No. 641/2021 on “Minimum information security requirements for the national public sector,” the AAIP approved its information security policy. The purposes of the policy are to protect the information resources of the AAIP and the technological tools used for their processing; ensure the confidentiality, integrity, availability, legality and reliability of information, and strengthen the adequate implementation of security measures, identifying available resources.

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).