On October 18, 2023, Resolution No. 198/2023 (hereinafter, the “Resolution”) was published in the Official Gazette, whereby the AAIP adopted new SCC that do not replace, but rather complement prior clauses set forth in Decision No. 60/2016 by the National Directorate for the Protection of Personal Data.
The adoption of the new SCCs comes after the Ibero-American Data Protection Network (“RIPD”) -following in the footsteps of the European Union which, in June 2021, issued its own clauses- published model contractual clauses and urged member countries to adopt them in their internal regulations, with Uruguay, Perú and now Argentina being the first to do so.
With the enactment of the Resolution, parties who enter into contracts in Argentina involving the international transfer of data (both for contracts between data controller and data processor and between two or more data controllers) will have the possibility of implementing pre-approved clauses and thus ensure that the data flow complies with adequate protection standards set forth by the supervisory authorities that adopted said clauses.
The adoption of these SSCs is a step towards the harmonization of standards and data flows between Argentina and different Latin American and European Union jurisdictions.
The Spanish version of the Resolution can be found in the link below:https://www.boletinoficial.gob.ar/detalleAviso/primera/296189/20231018
