International Data Privacy Day: Privacy Without Borders, but with Rules
On January 28, 2007, the European Union celebrated Information Privacy Day for the first time. The choice of this date was not accidental: it coincides with the anniversary of the opening for signature of the Convention for the Protection of Individuals with regard to the Processing of Personal Data (known as “Convention 108”).
Since then, dozens of countries, including Argentina, have joined this initiative to raise awareness among individuals and organizations about the importance of personal data protection. This year, we would like to focus on another highly relevant aspect related to personal data: its free flow. In general terms, data protection laws aim to safeguard individuals’ rights and freedoms. However, modern regulations also recognize the phenomenon of globalization and the need for information to flow freely between countries offering similar levels of protection. This principle is reflected in both the European Union’s General Data Protection Regulation (“GDPR”) and of the Convention 108.
To achieve cross-border data flows without leaving individuals unprotected, countries face the challenge of establishing regional and international standards, mutual recognition mechanisms, and effective channels for cooperation between data protection authorities. On this International Data Privacy Day, we can celebrate several important milestones from 2025, both in Europe and Latin America. Below, we highlight some of the key 2025 regulatory updates worth following closely.
Renewal of the European Union (EU) Adequacy Decision for the United Kingdom
The European Commission renewed its adequacy decision for the United Kingdom, originally granted in 2021. This allows personal data to continue flowing from the EU to the UK for six more years (until December 27, 2031), without the need for additional safeguards such as Standard Contractual Clauses (“SCCs”) or Binding Corporate Rules (“BCRs”). This renewal enables companies and organizations in both jurisdictions to continue exchanging data in much the same way as before the UK’s exit from the EU.
Adoption of the Ibero-American Data Protection Network (“RIPD”) Standard Contractual Clauses in Chile and Colombia
The SCCs developed by the RIPD are intended to establish a regional standard for international personal data transfers between companies and organizations in different jurisdictions.
These clauses have become a widely adopted instrument in Latin America as a safeguard in cases where the importing and exporting countries do not mutually recognize each other as adequate. By the end of 2025, both Chile and Colombia adopted these SCCs for such purposes, as Argentina, Uruguay, and Peru had previously done.
Negotiations Between Argentina and the United States Regarding Adequacy Decisions
In November 2025, preliminary guidelines regarding a potential bilateral agreement between Argentina and the United States were published. Among the key points is Argentina’s commitment to recognize the United States as an adequate jurisdiction for data transfers. This is especially relevant considering that many cloud service providers used by Argentine companies have their servers located in the United States.
EU Adequacy Decision in Favor of Brazil
Another notable development in 2025 was the publication of the draft adequacy decision of the European Union in favor of Brazil, which was approved on January 27, 2026.
As a result, Brazil became the third country in Latin America, after Argentina and Uruguay, to achieve this milestone. In this context, it would not be surprising if, at a later stage, Argentina and Brazil were to mutually recognize each other as countries offering an adequate level of protection, thereby facilitating and strengthening the transfer of personal data between two major trading partners.
Outlook for 2026
These updates confirm a clear trend toward the expansion and growing sophistication of mechanisms for international personal data transfers. In this context, it is foreseeable that, over the course of 2026, several of these processes will be consolidated into final decisions, as happened with the EU’s adequacy decision for Brazil, facilitating the cross-border data flows that underpin the global economy.
International Personal Data Protection Day not only invites us to reaffirm the central role of privacy as a fundamental right, but also to highlight its strategic dimension in an interconnected world. The free flow of personal data, far from being a risk, can foster economic exchange between countries, strengthening value chains and regional and global business models. The adoption of international standards such as those mentioned above encourages the free flow of data, while also ensuring that such flows remain sustainable and respectful of individuals’ rights and freedoms.
Gabriela Szlak T° 79 F° 516 CPACF
Luciano N. Gutman T° 145 F° 535 CPACF
Delfina Bianchi T° 155 F° 376 CPACF
_______________________________________________________________________________________________________
1 International Data Privacy Day: https://www.coe.int/en/web/data-protection/data-protection-day
2 For example, Recital 101 of GDPR: “Flows of personal data to and from countries outside the Union and international organisations are necessary for the expansion of international trade and international cooperation. REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL.
3 For example, Article 14.1 of Convention 108: “A Party shall not, for the sole purpose of the protection of personal data, prohibit or subject to special authorisation the transfer of such data to a recipient who is subject to the jurisdiction of another Party to the Convention.”: https://rm.coe.int/convention-108-convention-for-the-protection-of-individuals-with-regar/16808b36f1
4 Standard Contractual Clauses: https://www.economia.gob.cl/2025/12/10/raex202503731-aprueba-las-clausulas-contractuales-modelo-para-transferencias-internacionales-que-indica.htm?utm_source=chatgpt.com
5 Circular Externa 3/2025 de la Superintendencia de Industria y Comercio of Colombia: https://sedeelectronica.sic.gov.co/sites/default/files/normativa/Circular%20Externa%20003%20de%202025.pdf
6 Framework for an Agreement on Reciprocal Trade and Investment: https://ustr.gov/about/policy-offices/press-office/fact-sheets/2025/november/fact-sheet-united-states-and-argentina-agree-framework-agreement-reciprocal-trade-and-investment?utm_source=chatgpt.com
7 Press release: https://ec.europa.eu/commission/presscorner/api/files/document/print/en/ip_26_229/IP_26_229_ES.pdf
