76%
of Argentina's 21 requirements are already met by European Union (GDPR). Here is what LPDP adds, biggest gaps first.
Lawful basisReach and lawful basisBig gap
GDPR1 Six lawful bases, including consent, contract, legal obligation, vital interests, public task and legitimate interests.
LPDP adds3 Processing is unlawful without consent, except listed cases such as public sources, state functions, basic listings, contracts and certain financial operations. No legitimate interests.
Art. 5 · source ↗
RegistrationGovernanceBig gap
GDPR0 No general registration; controllers communicate DPO contact details to the supervisory authority.
LPDP adds2 Public databases and private databases that go beyond exclusively personal use must register with the AAIP registry.
Arts. 21, 24 · source ↗
ConsentReach and lawful basisGap
GDPR2 Consent must be freely given, specific, informed and unambiguous by clear affirmative action, and the controller must be able to demonstrate it.
LPDP adds3 Consent must be free, express and informed, given in writing or by an equivalent means.
Art. 5(1) · source ↗
Request deadlinePeople's rightsGap
GDPR2 Respond within one month, extendable by two further months for complex or numerous requests.
LPDP adds3 Access within 10 calendar days; rectification, updating or suppression within 5 business days.
Arts. 14(2), 16(2) · source ↗
Criminal liabilityEnforcementGap
GDPR1 Member States set other penalties, including criminal penalties, for infringements not subject to administrative fines.
LPDP adds2 Penal Code offenses added for knowingly inserting false data and unlawfully accessing or disclosing data, punishable by imprisonment.
Art. 32 (Penal Code arts. 117 bis, 157 bis) · source ↗
Already covered by GDPR: Reach abroad, Sensitive data, Children, Rights, Marketing, DPO required, DPO qualifications, DPIA, Records, Retention, Tell the regulator, Tell people, Transfers abroad, Localization, Maximum fine, Private action.
A gap means LPDP is more demanding than GDPR on that requirement, on our 0 to 3 scale (how we score). Read the cited section before acting. Not legal advice.
