What Does the Argentina–US Agreement Entail for IT Matters?

The United States and Argentina recently signed the Agreement on Reciprocal Trade and Investment, a bilateral instrument aimed at strengthening trade and investment between both countries. The text includes a specific chapter on digital trade and technology, introducing commitments relevant to Argentina’s legal framework on personal data protection, international privacy cooperation, and the recognition of electronic signatures issued in the United States.

First, Argentina undertook to provide certainty regarding the ability to transfer personal data internationally to the United States, including by recognizing the United States as a country or jurisdiction that provides an adequate level of protection, under the criteria applied by the Argentine Agency for Access to Public Information (controlling authority). This provision relates to the international data transfer regime under Argentine law, which conditions such transfers on the existence of adequate safeguards in the country of destination.

Second, Argentina undertook to submit its letter of intent to participate as an Associate in the Global Cross-Border Privacy Rules Forum, as well as in the Global Cooperation Arrangement for Privacy Enforcement. These mechanisms promote interoperability frameworks on personal data protection and cooperation among enforcement authorities, driven primarily by the United States and other non-EU jurisdictions. Argentina’s potential participation would entail adherence to these cooperative schemes, with a view to facilitating international data flows in regulated environments and strengthening cooperation mechanisms among supervisory authorities.

Finally, the agreement provides for Argentina to recognize as valid digital signatures pursuant to Law 25,506, the electronic signatures generated in the United States, pursuant to Law 25,506. It particularly establishes that electronic signatures issued in the United States that are supported by a digital certificate, reliably identify the signatory and ensure the integrity of the signed document, will be considered as valid digital signature in Argentina. Accordingly, the text expressly refers to the requirements established under Argentine law for a signature to qualify as a digital signature rather than a mere electronic signature, with the corresponding legal effects in terms of validity and evidentiary value of documents.

Overall, these provisions introduce specific commitments regarding cross-border data flows, international privacy cooperation, and the recognition of digital instruments. Their implementation will require regulatory definitions and application criteria to ensure consistency between the commitments undertaken and Argentina’s existing legal framework on personal data protection and digital signatures.