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Martin A. Roth

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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.

Through Resolution No. 13/2024, the National Communications Authority (ENACOM) repealed certain resolutions that regulated the fixing of prices of information and communication technology services.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 Resolution No. 12/2024, published in the Official Gazette on 24 April 2024 (“Resolution”), the Secretariat of Industry and Commerce amended the regime of advertising of goods and services involving an offer to an undetermined audience; it also repealed Resolution No. 915/2017. The Resolution’s main purpose is to modify the regulations governing advertisements so that they are clearer, more understandable, and useful for consumers. The aim is to simplify the current regime and prevent consumers from being “over-informed,” which could make it difficult for them to make appropriate purchasing decisions.

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the National Executive Branch (PEN for its acronym in Spanish) has amended Argentine Digital Law No. 27,078 and repealed Decree No. 690/2020.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.

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).