On October 24, 2024, the National Congress of Argentina passed Act 27768, which ratifies the Mercosur Agreement on E-Commerce (“Agreement“), which aims to facilitate electronic commerce among Argentina, Brazil, Paraguay, and Uruguay (“Parties“).
The Agreement, originally created in Montevideo in 2021, establishes a common regulatory framework for cross-border trade of electronic goods and services. It governs aspects such as commercial transactions, data protection, and security in electronic transactions. Additionally, it focuses on removing regulatory barriers that could hinder electronic commerce among the Parties.
The Agreement promotes electronic authentication and digital signatures to ensure the integrity and validity of electronic transactions, it also prohibits the imposition of customs duties on electronic transmissions between the Parties, and allows the cross-border transfer of information via electronic means for commercial activities, provided that personal data protection regulations are met.
The Agreement emphasizes the importance of protecting the personal data of e-commerce users, establishing principles such as prior consent, specific purpose, quality, security, and responsibility in data processing. Each Party must adopt measures to protect personal information under a non-discriminatory perspective and encourage the use of security mechanisms, such as data anonymization or dissociation when shared with third parties. It also promotes cooperation among the Parties to establish common data protection measures and facilitate their free flow within Mercosur.
Regarding consumer protection, the law ensures that users are protected against fraudulent and deceptive commercial practices in electronic commerce. Direct commercial communications that are not solicited must be clearly identifiable, and users must be able to request the termination of these communications for free. Additionally, it guarantees that consumers will have access to and will be able to use services and applications of their choice available on the Internet, promoting transparency in the network practices of Internet service providers.
In conclusion, the E-Commerce Agreement represents a significant step towards the integration and regulation of digital commerce in the region, promoting security, transparency, and cooperation among the Parties.
