EU Confirms Argentina’s Adequate Level of Protection for Personal Data Transfers
On January 15, 2024, the European Commission confirmed that Argentina continues to provide an adequate level of protection for personal data transferred from the European Union (EU). This confirmation was made through the first review report of adequacy decisions adopted pursuant to Article 25(6) of Directive 95/46/EC.
Prior to the entry into force of the General Data Protection Regulation (GDPR), the European Commission had determined that Argentina, along with ten other countries (Andorra, Canada, Faroe Islands, Guernsey, Isle of Man, Israel, Jersey, New Zealand, Switzerland, and Uruguay), ensured an adequate level of protection for personal data transferred from the EU. As a result, data transfers from the EU to these countries may currently take place without additional requirements.
With the entry into force of the GDPR, it was established that the Commission must review adequacy decisions every four years to verify whether the countries covered by those decisions continue to provide an adequate level of protection for personal data.
In reaffirming Argentina’s adequacy decision, the Commission assessed several factors, including the independence of Argentina’s data protection supervisory authority (the Access to Public Information Agency – AAIP), the regulations and binding opinions issued by that authority, and Argentina’s international commitments arising from its accession to the Council of Europe Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data and its Additional Protocol (Convention 108), as well as the ratification of Convention 108+.
Authorities in Argentina have considered that this decision will have a very positive impact on trade relations with the European Union, which is Argentina’s third-largest trading partner.
For inquiries related to the personal data protection regime in Argentina, please feel free to contact us.
