By means of Rule 377/2026, the Undersecretariat for Consumer Protection and Fair Trade, under the Secretariat of Industry and Commerce of the Ministry of Economy, approved a new list of provisions which constitute abusive clauses in consumer agreements, in accordance with Consumer Protection Law No. 24,240.
The new Rule keeps the abusive clauses already included in the previous regulation, such as those granting suppliers unilateral powers to interpret the agreement, modify its terms or terminate it without cause; those limiting or restricting the exercise of consumers’ rights; and those excluding or limiting the supplier’s liability for damages arising from the product purchased or the service provided.
Additionally, the new Rule incorporates provisions that were not included in the previous list. These entails clauses providing for the use and storage of consumers’ personal data outside the framework set forth in Personal Data Protection Law No. 25,326 and its implementing regulations, as well as clauses establishing different levels of protection between consumer relationships entered into in person and those concluded remotely.
The new regulation was published in the Official Gazette and has been in force since March 11, 2026, fully replacing the annex to Resolution 53/2003 of the former Secretariat for Competition, Deregulation and Consumer Protection, as amended.
Full text of Rule 377/2026 available here.
