Digital Platform Services Now Regulated

The Labor Modernization Law 27802, in force as of March 6, 2026,  has for the first time introduced into Argentine legislation a specific regime applicable to private mobility and delivery services operated through technological platforms. Before this reform, activities carried out through such platforms—such as transportation and delivery services—had been subject to extensive legal debate and varying interpretations in both legal doctrine and labor case law, particularly regarding the legal nature of the relationship between the platforms and the individuals providing services. The new regulation seeks to establish specific rules for this sector by expressly recognizing the independence of service providers and regulating the main aspects of their operations within the framework of the so-called platform economy.

 

Background: A Model Subject to Divergent Interpretations

Before this legal framework was introduced, digital platform activities in Argentina operated without specific regulation defining the nature of the underlying legal relationships. Accordingly, one of the key discussions focused on whether individuals providing services through these platforms should be classified as employees or independent contractors. This issue gave rise to various doctrinal positions and judicial decisions, which analyzed the traditional elements of an employment relationship, such as legal, technical, and economic subordination. The absence of a specific regulatory framework created a scenario of legal uncertainty for both platforms and service providers.

 

Purpose and Scope of the New Regime

Title XII of the Labor Modernization Law establishes a specific regime to regulate private mobility and delivery services rendered through technological platforms. According to its article 119, the purpose of this regulation is to promote the development of the platform economy in Argentina, while ensuring the independence of individuals who offer or provide such services through these applications.

The law includes several definitions, among others, of delivery services, mobility services, independent platform service providers, and technological platforms. It also establishes that the regime applies throughout Argentia to relationships between platforms and independent service providers.

 

Recognition of the Independent Status of Service Providers

One of the key features of the new regime is the express recognition of the independent contractor status of individuals providing services through technological platforms.

In this regard, the law establishes that service providers are free to connect to one or more platforms, determine their working hours, and decide whether to accept or reject ride or delivery requests. They may also choose the means of transportation used to provide the service, provided it complies with applicable legal requirements.

Furthermore, the regulation acknowledges that providers may disconnect from the application at any time, operate without a minimum frequency requirement, and render services for as long as they deem appropriate. These elements are intended to reinforce the independent nature of the activity.

 

Obligations of Technological Platforms

The new regime also imposes specific obligations on technological platforms that intermediate these services. These include the obligation to provide service providers with sufficient information to decide whether to accept or reject a service, respect their freedom to connect, offer training related to road safety, and facilitate access to safety equipment depending on the type of vehicle used.

Additionally, platforms must implement digital complaint management mechanisms and ensure support channels that allow service providers to request explanations regarding decisions affecting their activity within the platform.

 

Rights and Obligations of Independent Service Providers

The Labor Modernization Law also establishes the main rights and obligations of individuals operating through these platforms. Among their key obligations, service providers—or “riders”—must be duly registered with tax authorities and comply with their tax and social security obligations. They must also have a bank account or digital wallet to receive payments for services rendered and comply with traffic regulations while providing services.

As for their rights, the law provides that service providers may reject requests without justification, request explanations for suspensions or restrictions on access to the platform, and benefit from data portability. They are also entitled to receive training and to have personal accident insurance associated with their activity.

Additionally, the regulation establishes that service providers will receive payment for their services through the platform and are entitled to retain 100% of any tips added by users.

 

Legal Nature of the Relationship

A particularly relevant aspect of the new regime is that the Law expressly clarifies that the rights granted to independent service providers should not be construed as evidence of an employment relationship or as indicative of subordination or dependency.

In this regard, the relationship between platforms and service providers will primarily be governed by the contractual terms freely agreed upon by the parties, pursuant to the principle of freedom of contract under commercial law.

Furthermore, for matters not expressly regulated, the provisions of the Argentine Civil and Commercial Code will apply on a supplementary basis.

 

Final Considerations

The introduction of a specific legal regime for services provided through technological platforms represents a significant development within the Argentine legal framework. This new regulation introduces definitions and operational rules aimed at providing greater legal certainty to a sector that, until now, had been governed mainly by judicial interpretations and doctrinal debates.

By expressly recognizing the independence of service providers and establishing rights and obligations for both platforms and users, the regulation seeks to create a clear and structured framework for the development of the platform economy in Argentina.

In this sense, the new regime marks an important step toward the formal legal recognition of this service model within the Argentine legal system. Its practical impact will largely depend on how it is received not only by market participants but also by the judiciary, which ultimately plays a key role in interpreting and applying the law.