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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.

Through Decree No. 780/2024, published in the Official Gazette on 2 September 2024 (“Decree”), Regulatory Decree No. 206/2017 and its subsequent modifications (“Regulatory Decree”) of Law on Access to Public Information No. 27275 (“Law”) have been amended. The Decree introduces the following amendments to the Regulatory Decree of the Law, among others:
• The Decree delimits the scope of the definitions of (i) public information, which does not include private data or data that is not of public interest; and (ii) document, which is limited to any record generated, controlled or held within the framework of the state activity and excludes preparatory deliberations and working papers.
• The Decree regulates the formal requirements for information requests.

On 17 September 2024, within the framework of the National Program for Transparency and Protection of Personal Data in the Use of Artificial Intelligence, the Agency for Access to Public Information published the preliminary version of the “Guide for Public and Private Entities on Transparency and Personal Data Protection for Responsible Artificial Intelligence”.

Through Resolution No. 13/2024, the National Communications Authority (ENACOM) repealed certain resolutions that regulated the fixing of prices of information and communication technology services. Pursuant to Decree No. 302/2024, the National Executive Power deregulated ITC Services, modifying Argentine Digital Law No. 27,078 and repealing Decree No. 690/2020, which eliminated the power of ENACOM to regulate prices. The Resolution seeks to promote the expansion of services, fostering a more competitive environment in the ITC industry.

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.