On 18 October, The Access to Public Information Agency issued Resolution 198/2023 (the “Resolution”) approving the model contractual clauses for international transfers of the Ibero-American Data Protection Network.

In a scenario of significant growth in cross-border data flows, a number of countries and regional bodies have adopted model contractual clauses for international transfer to be used by organizations exporting data to other jurisdictions. As the Resolution mentions in its recitals, these instruments are intended to “lead to convergence of tools, simplify procedures and establish common floors of guarantees that enhance confidence between the different countries”.

Such is the case of Argentina, which in 2016 issued through Provision No. 60/2016, contractual clauses to be used both for transfers between two controllers and between a controller and its processor (entities that process personal data on behalf of and by order of a controller). These models are still in full force and effect, so organizations can choose to use them, or use the Ibero-American Network’s model contractual clauses. It should be noted that the latter have already been adopted by other countries in the region, such as Uruguay and Peru.

In conclusion, we consider this measure to be a step forward, facilitating the processes of negotiation of clauses relating to the processing and protection of personal data between parties transferring data between different countries within the region.

If your organization needs advice on international data transfers, personal data protection or privacy, please do not hesitate to contact us at info@lermanszlak.com.

Luciano Gutman T°145 F°535 CPACF

Sofía Orlinsky