Argentina
May 04, 2017
Over the past months, two relevant drafts of regulations have been issued in
Argentina. The first one addresses IPS's liability and has received preliminary
approval by the Senate. The second is a draft of new data protection bill and has been
posted on the website of the Argentine Data Protection Agency.
The first law would
specifically address the liability of Internet Service Providers which, until now, was
only ruled by general Civil law damage principles. The draft, preliminarily approved by
the Senate, would surely provide legal certainty in the area. As it is now, it indicates
that the ISP's would only be liable if they fail to remove content having been required
to do so by a Court, indicating also that ISP's do not have a general obligation to
monitor potential infringements in their platform. The draft on Data Protection is
inspired on the EU General Data Protection Regulation that will come into effect in
2018 and addresses issues such as, among others: the recognition of individuals - not
companies - as data subjects, the introduction of new criteria to determine whether
Argentine law is applicable or rules for international transfers of personal data. The
draft on Data Protection is expected to be sent to the President later this year and
discussed by Congress in 2018.