ARTICLE
New Argentine “Do Not Call” Registry
Law No. 26, 951 created the Argentine “Do Not Call” Registry with effects throughout the Argentine territory.
August 29, 2014
The Argentine Congress enacted Law No 26,951 (“Law”), published in the Official Gazette on August 5, 2014, creating the Argentine "Do Not Call" Registry ("Registry"). Unlike previous local Do Not Call registries with similar schemes enacted by the respective Provinces and the City of Buenos Aires (please see Marval News #53 and #89, the Registry has effect throughout the territory of Argentina.
The Law provides that any individual or legal entity owner or authorized user of phone services of any kind may apply for registration without costs to prevent contacts from companies advertising, offering, selling, giving or providing goods or services.
Companies that advertise, offer, sell, give or provide goods or services are responsible for the notification of input and output made by the owners or users of phone services every 30 days.
The Law explicitly excludes from its scope the following cases:
a. Public welfare campaigns.
b. Emergency calls to guarantee the health and security of the residents.
c. Election campaigns.
d. Calls from parties to a contract in force, provided that they strictly refer to the purpose of said contract. These calls shall be made in a reasonable time and manner according to the relevant regulations.
e. Calls from those who were explicitly authorized by the phone service owner or authorized user of the phone service registered with the Registry.
The enforcing authority for this Law is the Argentine Personal Data Protection Authority, a governmental body which is part of the Argentine Ministry of Justice and Human Rights.
Both the owner and the authorized user of the phone services will be able to report any infringement of the Law to the enforcing authority.
In the event of breach of this Law, the following sanctions may be applied to the offender: (i) written warnings; (ii) suspension of the database from 1 to 365 days; (iii) cancellation of the database; and (iv) fines ranging from Argentine Pesos 1,000 to 100,000.
The Law still has to be regulated by the Argentine Executive Branch.
The Law provides that any individual or legal entity owner or authorized user of phone services of any kind may apply for registration without costs to prevent contacts from companies advertising, offering, selling, giving or providing goods or services.
Companies that advertise, offer, sell, give or provide goods or services are responsible for the notification of input and output made by the owners or users of phone services every 30 days.
The Law explicitly excludes from its scope the following cases:
a. Public welfare campaigns.
b. Emergency calls to guarantee the health and security of the residents.
c. Election campaigns.
d. Calls from parties to a contract in force, provided that they strictly refer to the purpose of said contract. These calls shall be made in a reasonable time and manner according to the relevant regulations.
e. Calls from those who were explicitly authorized by the phone service owner or authorized user of the phone service registered with the Registry.
The enforcing authority for this Law is the Argentine Personal Data Protection Authority, a governmental body which is part of the Argentine Ministry of Justice and Human Rights.
Both the owner and the authorized user of the phone services will be able to report any infringement of the Law to the enforcing authority.
In the event of breach of this Law, the following sanctions may be applied to the offender: (i) written warnings; (ii) suspension of the database from 1 to 365 days; (iii) cancellation of the database; and (iv) fines ranging from Argentine Pesos 1,000 to 100,000.
The Law still has to be regulated by the Argentine Executive Branch.
This insight is a brief comment on legal news in Argentina; it does not purport to be an exhaustive analysis or to provide legal advice.