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Reach and lawful basis

Reach abroad
0
No extraterritorial provision; applies to files and databases, public or private, in Argentina.Art. 1 · source ↗
Lawful basis
3
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 ↗
Sensitive data
2
No one can be compelled to provide sensitive data; processing only for general interest authorized by law, or dissociated statistics or science.Arts. 2, 7 · source ↗
Children
0
No child-specific rule or age threshold in the Act; general capacity rules of the Civil and Commercial Code apply.Not addressed · source ↗

People's rights

Rights
2
Access, rectification, updating and suppression; removal or blocking of marketing data at any time.Arts. 14, 16, 27 · source ↗ Art. 20 limits automated assessment only for judicial and administrative decisions. No portability.
Request deadline
3
Access within 10 calendar days; rectification, updating or suppression within 5 business days.Arts. 14(2), 16(2) · source ↗
Marketing
1
Marketing may use data from public sources or provided by the holder; holders may demand removal or blocking at any time (opt-out).Art. 27 · source ↗ National Do Not Call Registry (Law 26,951) also applies.

Governance

DPO required
–
Not addressedNot addressed · source ↗
DPO qualifications
–
Not addressedNot addressed · source ↗
Registration
2
Public databases and private databases that go beyond exclusively personal use must register with the AAIP registry.Arts. 21, 24 · source ↗
DPIA
0
No DPIA requirement in the Act.Not addressed · source ↗ AAIP has issued guidance on impact assessments (not reviewed).
Records
1
No separate records duty; the database registration filing describes each database.Art. 21 · source ↗
Retention
1
Data must be destroyed once no longer necessary or relevant to the purpose collected.Art. 4 · source ↗

Breaches

Tell the regulator
0
No statutory breach notification duty.Not addressed · source ↗ AAIP Res. 47/2018 recommends security measures (not reviewed). A replacement bill would add notification; not enacted.
Tell people
0
No statutory duty to notify individuals.Not addressed · source ↗

Transfers

Transfers abroad
2
Transfers prohibited to countries or bodies without adequate protection, except listed cases such as treaties, judicial cooperation and other statutory exceptions.Art. 12 · source ↗ Decree 1558/2001 and AAIP rules add consent, adequacy lists and model clauses (not reviewed).
Localization
0
No data localization requirement.Not addressed · source ↗

Enforcement

Maximum fine
1
ARS 1,000 to 100,000 per infringement; total for the same conduct capped at ARS 50 million (about USD 35,000-40,000).Art. 31; AAIP Res. 126/2024 Annex II · secondary source · source ↗ AAIP Res. 126/2024 (effective 1 Jun 2024) replaced Disp. 7/2005; 50% discount for voluntary payment within 20 business days.
Criminal liability
2
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 ↗ Prison terms are in the Penal Code; not read in the source.
Private action
2
Habeas data court action to access, rectify, suppress or keep data confidential; liability for damages also arises.Arts. 31(1), 33-43 · source ↗

Scores are our reading on the published rubric, checked 18 October 2026. Not legal advice.

Regulations library

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