Bloomberg Law: Privacy & Data Security brings you single-source access to the expertise of Bloomberg Law’s privacy and data security editorial team, contributing practitioners,...
By David Haskel
Argentina’s privacy regime update should make life easier for companies with better options for the legal transfer personal data out of the country.
U.S. companies and multinationals doing business in Argentina may find a more business friendly environment to transfer personal data out of the country, privacy analysts told Bloomberg BNA.
The recent issuance of model contract clauses that can be included by companies in contracts involving the international transfer of personal data is a good example, analysts said. The new clauses are aimed at simplifying and expediting the flow of corporate data with overseas companies seeking to outsource online functions and services.
The Argentine government “has decided to open up to the world” on data protection issues, Pablo Palazzi, a privacy and security partner at Allende & Breap in Buenos Aires told Bloomberg BNA.
Daniel Monastersky, an internet attorney, agreed. “We have lagged behind for too long in Argentina” on data protection issues, he told Bloomberg BNA. “We are now starting to catch up,” said the analyst, who is a member of the Global Forum on Cyber Expertise’s advisory council.
Argentina is one of the only a handful of countries with data protection legal regimes that the European Union has certified as adequate to protect the privacy of personal data transferred out of the EU. This has helped Argentina win contracts from foreign companies seeking to cut costs by oversea handling of business services, such as customer support and telemarketing, and back office functions, such as billing, accounting and human resources support.
Although the European Commission granted Argentina privacy adequacy status in 2003, a combination of a perceived lack of enforcement and a series of governments considered to be less business friendly have left some multinationals less eager to do business in the country, analysts said.
The changes that are now being implemented include contract provisions issued by Argentina’s privacy office that companies seeking to engage in international data transfer deals may use to be in compliance with the country’s privacy law.
Companies seeking to use different contract data protection provisions must obtain privacy office approval.
The model follows EU guidelines, which should make life a lot simpler for businesses, analysts said.
“Having a definite set of contract clauses means that simply by filling out a form, you know that you are within the parameters of legal requirements,” Palazzi said.
Following EU guidelines not only simplifies dealing with European businesses, but with prospective U.S. partners as well. U.S. citizens “are familiar with the EU requirements,” he said.
To contact the reporter on this story: David Haskel in Santiago at firstname.lastname@example.org
To contact the editor responsible for this story: Donald Aplin at email@example.com
Copyright © 2016 The Bureau of National Affairs, Inc. All Rights Reserved.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to firstname.lastname@example.org.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to email@example.com.
Put me on standing order
Notify me when new releases are available (no standing order will be created)