ILN Data Privacy Paper

Argentina

must adhere to data protection regulations and, in certain cases, require authorization from the AAIP, as further discussed below. 5.6. Cross-Border Transfer of Data Cross-border data transfers are subject to specific rules and safeguards, which are in line with international data protection standards. On January 15, 2024, the European Commission ("Commission") published its findings regarding the first review of adequacy decisions made under Article 25(6) of Directive 95/46/EC ("Directive") in 1995. In these decisions, the Commission had determined that eleven countries or territories, including Argentina, ensured an adequate level of personal data protection, allowing for the free transfer of data from the European Union (EU) to these countries or territories. With the entry into force of the EU General Data Protection Regulation (GDPR) in 2018, it was established that adequacy decisions made under the Directive would remain in effect but would be subject to review every four years. In this first review, the Commission found that the data protection frameworks in the countries and territories under review had evolved, including through legislative reforms and regulations by data protection the importance of the independence of the AAIP as the supervisory authority and the ratification of Convention 108+ in 2023. Additionally, it noted authorities Regarding Commission Argentina, emphasized the

that a draft Data Protection Bill introduced in Congress and still subject to review could further strengthen the data protection framework in the country. As a result of its findings, the European Commission concluded that personal data transferred from the European Union to Argentina benefits from adequate protection guarantees. Consequently, such data can continue to flow freely from the EU to Argentina, maintaining the country's position at the forefront of personal data protection and facilitating greater efficiency and security in international operations. 5.7. Grievance Redressal The PDPL mandates the establishment of grievance redressal mechanisms, enabling data subjects to exercise their rights and seek remedies in cases of non- compliance. Rights and Duties of Data Providers/Principals 6.1. Rights and Remedies Right to Withdraw Consent : Individuals have the right to withdraw their consent for data processing at any time. Right to Grievance Redressal and Appeal: Data subjects can file complaints with the Data Protection Authority and seek judicial remedies.

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