Argentina: Congress approves the law on ratification to the Convention 108+

In brief

In the special session of 9 November 2022, the Chamber of Deputies granted the necessary approval for Congress to pass Law 27,699 by means of which the Argentine Republic ratifies the Amending Protocol with respect to the Automated Processing of Personal Data ("Convention 108+").

To complete the ratification process, the National Executive Branch will now study the law and, if approved (most likely), it will be published in the Official Gazette.


In focus

Convention 108+ (2018) is a modern and updated version of Convention 108, which was signed in 1981 in the City of Strasbourg, France.

Argentina has been a State Party to Convention 108 since 1 June 2019, and is the 33rd country to sign Convention 108+. As part of the process to adhere to it, the bill to ratify Convention 108+ and incorporate it into our local framework was submitted to Congress. The Senate gave half sanction in 2020 and on 9 November 2022, after prior approval by the Constitutional Affairs and Foreign Affairs and Worship Commissions, the Chamber of Deputies approved it as well. Once the National Executive Branch grants its approval and the Law is published in the Official Gazette, Convention 108+ will be applicable and part of the data protection regulatory framework in Argentina. 

The importance of Argentina being a Member State to Conventions 108 and 108+, respectively, is that they are the only binding multilateral instruments on the protection of personal data as Member States decided to open the referred Conventions to countries outside the European Union. Thus, joining Convention 108+ provides legal certainty and predictability in international relationships. 

Although the ratification of Convention 108+ by Argentina strengthens our regulatory framework, it imposes a commitment to update it for the purposes of complying with the obligations assumed thereunder (since our Personal Data Protection Law No. 25,326 dates back to 2000). 

The above is especially important for Argentina to continue maintaining the status of "country with an adequate level of protection" that the European Commission conferred back in 2003 (Decision 2003/490/EC); and which has a direct and positive impact on the operations of companies, especially those that carry out cross-border transfers of personal data. 

Bills have been already filed with Congress to pass a new personal data protection law, which are aligned with international standards and benchmarking regulations such as GDPR. Likewise, on 10 November 2022, the Agency for Access to Public Information published the draft bill resulting from the public participation process initiated in September 2022.

Some of the novelties that Convention 108+ brings are:

  • The definition of sensitive personal data is broadened. Genetic data, criminal records and biometric data are included.
  • The security duty is expanded and imposes the obligation to notify, at least to the competent authority (as defined in Article 15), those security incidents that may seriously interfere with the fundamental rights and freedoms of data subjects. 
  • Recognition of the right of data subjects not to be subject to a decision that significantly affects them and that is based solely on automated data processing, without their views being considered.
  • Member States' competent supervisory authorities must act with independence and impartiality to ensure compliance with data protection principles and to strengthen the rules on cross-border data flows. 

Undoubtedly, joining Convention 108+ represents an important step forward in terms of protecting the privacy of individuals against possible abuses in the processing of their data, as Convention 108+ is the highest and most recent international standard for safeguarding privacy.

Click here to access the Spanish version.

Copyright © 2024 Baker & McKenzie. All rights reserved. Ownership: This documentation and content (Content) is a proprietary resource owned exclusively by Baker McKenzie (meaning Baker & McKenzie International and its member firms). The Content is protected under international copyright conventions. Use of this Content does not of itself create a contractual relationship, nor any attorney/client relationship, between Baker McKenzie and any person. Non-reliance and exclusion: All Content is for informational purposes only and may not reflect the most current legal and regulatory developments. All summaries of the laws, regulations and practice are subject to change. The Content is not offered as legal or professional advice for any specific matter. It is not intended to be a substitute for reference to (and compliance with) the detailed provisions of applicable laws, rules, regulations or forms. Legal advice should always be sought before taking any action or refraining from taking any action based on any Content. Baker McKenzie and the editors and the contributing authors do not guarantee the accuracy of the Content and expressly disclaim any and all liability to any person in respect of the consequences of anything done or permitted to be done or omitted to be done wholly or partly in reliance upon the whole or any part of the Content. The Content may contain links to external websites and external websites may link to the Content. Baker McKenzie is not responsible for the content or operation of any such external sites and disclaims all liability, howsoever occurring, in respect of the content or operation of any such external websites. Attorney Advertising: This Content may qualify as “Attorney Advertising” requiring notice in some jurisdictions. To the extent that this Content may qualify as Attorney Advertising, PRIOR RESULTS DO NOT GUARANTEE A SIMILAR OUTCOME. Reproduction: Reproduction of reasonable portions of the Content is permitted provided that (i) such reproductions are made available free of charge and for non-commercial purposes, (ii) such reproductions are properly attributed to Baker McKenzie, (iii) the portion of the Content being reproduced is not altered or made available in a manner that modifies the Content or presents the Content being reproduced in a false light and (iv) notice is made to the disclaimers included on the Content. The permission to re-copy does not allow for incorporation of any substantial portion of the Content in any work or publication, whether in hard copy, electronic or any other form or for commercial purposes.