Argentina - LPDP (Ley de Proteccion de Datos Personales)

What is the LPDP and what are its requirements?

In Argentina, the regulation of cookie usage is overseen by the National Directorate for Personal Data Protection (PDP). This regulatory body has been in operation since the law was enacted in 2000 and is responsible for maintaining the National Registry of Databases, which monitors databases across the country and reports to the Ministry of Justice, Security, and Human Rights.

The Personal Data Protection Law No. 25,326 defines "personal data" as any information that is related to a specific individual. Therefore, if a cookie stores data when someone visits a website but is not associated with any particular person, it does not infringe on users' privacy rights. However, if the information stored in the cookie can be linked to an identifiable individual, it would be considered a violation.

If you want to know more about the different regulations you can access our article "Laws and regulations for each region"

So, do I need a cookie banner in Argentina?

Due to the somewhat ambiguous nature of the Argentine legislation, cookie consent banners can vary and, in some cases, may not be required. In such situations, illow recommends implementing a cookie banner that provides protection and ensures transparency on your website, even if it is not explicitly mandated. This proactive approach will help instill confidence and maintain compliance, demonstrating your commitment to safeguarding data privacy.

• Include a Button to Accept Cookies: The text in the cookie banner and the button must make it clear that by clicking the button the user agrees to the deployment of cookies.
• Include a Button to Reject Cookies: Although it does not specifically clarify a button as in other cases, we must provide an opt-out option that “takes effect immediately and is consistent.”
• Provide Detailed Information About Cookie Use: The cookie banner should contain information about why the website uses cookies. For example, does it collect data for analytics, advertising, or social media purposes?
• Alert the User if the Website Shares Data with Third Parties: If the website shares the data collected through cookies with third parties the cookie banner should explain this.
• Link to the Website’s Cookie Policy: Here the website will provide further information about the cookies in use on the site, including a list of all the cookies.
• Include a Link to the Cookie Settings: This isn’t required under GDPR as long as users have the choice to reject all cookies. However, it does have the benefit of allowing users who would otherwise reject all cookies to permit some forms of data collection. 

Observations: With illow´s GLOBAL banner, your site will be ready to comply with this regulation.

If you want to know the different types of banner cookies that you can find on our platform, access our article "Types of banners you will find on our platform"