Database

Since 2012, importers have to submit for all envisaged imports a sworn declaration with product information to Argentina’s taxation and customs authority (AFIP). Some State agencies have access to this declaration and can raise objections. Importers need an approved import declaration to make the purchasing order and to transfer abroad foreign currency for the payment. The criteria for approval/rejection of the sworn declaration are not legally defined. A similar system was also created for services in 2012.

The importer sworn declaration for goods was part of several WTO dispute settlement cases. The WTO Dispute Settlement Body found the Sworn Affidavit of Intention to Import to be violating WTO rules. Argentina will have to comply with the rulings either immediately or within a reasonable period of time that it can request for implementation.

Argentina applies several import requirements which constitute barriers to trade. Since at least 2009, Argentina often requires importers of goods to undertake certain trade restrictive commitments, including, inter alia, to limit their imports, to balance them with exports, to make or increase their investments in production facilities in Argentina, not to transfer benefits abroad and/or to control prices by freezing or reducing prices of products sold domestically. Argentinian authorities request import plans for the following year regarding imports and control compliance with the above-mentioned commitments.

These requirements were part of several WTO dispute settlement cases. The WTO Dispute Settlement Body found them in January 2015 to be violating WTO rules. Argentina will have to comply with the rulings either immediately or within a reasonable period of time that it can request for implementation.

Argentina prohibits the import of many used capital goods. On those goods that may be imported, domestic legislation requires compliance with strict conditions on the entry.

It was reported at the end of 2011 that Argentina instituted a ban on the sale of foreign-made smartphones. Apparently, the ban is not meant to be permanent and should be removed when the Argentinian economy stabilizes. Companies can avoid the ban by building a factory in the country or by finding a partner that is free to sell its products in Argentina, i.e. a licensee.

The ban affected, for example, Samsung and Blackberry phones as well as Apple iPhones. Reportedly, Samsung and BlackBerry have started producing in Argentina and their devices are already available on the market. Apple is reportedly in the process of negotiating market access for its products in 2016.

In March 2013, a court ruled that the Cámara Argentina del Libro (CAL) should create and implement a mechanism to monitor content shared over the Taringa! platform.

There are no specific requirements in place regarding Internet Services Providers (ISPs) liability in Argentina. Certain articles from the Argentine Civil Code and Intellectual Property Law, however, are used as references for court cases and decisions. For example, in recent cases the courts have found that ISPs will only be liable if they have acted with ‘malice or negligence’.

It has been reported that Argentina's requirement that databases of sensitive information must be encrypted is overly prescriptive. This restriction is due to be eliminated by a Draft Personal Data Protection Law currently being considered by the Argentinian Parliament

Argentina endorses the right to be forgotten for which individuals are entitled to seek the deletion of links on search engines about themselves if the information is outdated or irrelevant.

Section 12 of the Data Protection Act of Argentina (Law 25,326) prohibits the transfer of personal data to countries that do not have an adequate level of protection in place. According to Regulation No. 60-E/2016, the list of countries with adequate levels of data protection includes the European Union and the European Economic Area, Switzerland, Guernsey and Jersey, the Isle of Man, the Faroe Islands, Canada (only private sector), New Zealand, Andorra and Uruguay. The prohibition does not apply to transfers of data made: (i) for international judicial cooperation; (ii) for healthcare or anonymised personal data for the purpose of an epidemiological survey; (iii) for stock exchange or banking transfers; (iv) when subject to an international treaty to which the Argentine Republic is a signatory; (v) for international cooperation between intelligence agencies in the fight against organised crime, terrorism and drug trafficking; or (vi) where the data subject has expressly consented to the assignment.

Regulation No. 60-E/2016 also provides model contract language for international data transfers to countries that do not provide adequate levels of protection. The Regulation also requires notification to the Dirección Nacional de Protección de Datos Personales (DNPDP) when contracts are used other than those provided in the Regulation. This acts as a de facto registration requirement for some international data transfers, which has been reported as cumbersome.

A Draft Personal Data Protection Law would require that certain public sector data be stored locally. This requirement extends to public institutions and to private-sector companies that provide services for governmental entities, and would furthermore prohibit federal government entities from contracting with any service provider that may allow other international governmental agencies or organizations to access the data concerned.

Applicants for short-term work permits must apply in-person with an appointment made in advance with the Argentine immigration agency. Immigration and visa service providers are no longer allowed to submit these documents on behalf of the work permits applicants.

A foreign national’s permit is automatically revoked if the foreign worker travels outside of Argentina within the period of at least half of the time that is authorized by the immigration department.

A Buenos Aires court said that Uber was in violation of local transportation and labor standards and ordered it to stop operating. Nevertheless, it has been reported that services have not yet stopped.

It has been reported that telecommunication regulations differ significantly on the municipal level, which creates ambiguity for infrastructure deployment. This is especially so for rules regarding wiring and the installation of antennas.

Despite the telecommunication sector was privatized in 1990 and the incumbent telecommunications operator (Empresa Nacional de Telecomunicaciones - ENTEL) was privatized in the same year, the company has been threatened with nationalisation on numerous occasion.