Best Data Center & Digital Infrastructure Lawyers in Argentina

About Data Center & Digital Infrastructure Law in Argentina

Data Center and Digital Infrastructure law in Argentina is an emerging and dynamic area that supports the legal needs of businesses operating IT infrastructure, data storage, and digital services. With increasing digitalization, organizations require increasingly robust data management, cyber security, and compliance frameworks. The country has steadily improved its regulatory landscape to support innovation, attract investment, and ensure data protection for individuals and businesses.

Why You May Need a Lawyer

Legal guidance is crucial for businesses and individuals engaged in the data center and digital infrastructure sector. Here are some common situations where a lawyer can help:

• Setting up or buying data centers or digital infrastructure facilities
• Navigating licensing and regulatory approvals for data processing operations
• Drafting and negotiating service level agreements, cloud service contracts, or lease arrangements
• Complying with data protection, privacy, and cybersecurity laws
• Resolving disputes related to intellectual property, software, or cross-border data transfer
• Handling mergers, acquisitions, or investments in the digital infrastructure space
• Managing risks associated with third-party suppliers and outsourcing

Local Laws Overview

Argentina's legal framework for Data Center and Digital Infrastructure is shaped by several key statutes, regulations, and governmental policies. The most relevant ones include:

• Data Protection Law (Law 25.326) - Establishes strict data privacy requirements, defining how personal data can be collected, processed, and transferred.
• Regulations from the Agency for Access to Public Information (AAIP) - The AAIP enforces data protection laws, oversees compliance, and handles data breach notification requirements.
• Civil and Commercial Code - Addresses contracts, liability, and legal personality crucial for service agreements and infrastructure deployments.
• Telecommunications Law (Argentina Digital Law, Law 27.078) - Facilitates development of digital infrastructure and governs network operation, including data centers.
• Cloud Computing Guidelines - There are multiple guidelines and best practices issued regarding the use of cloud infrastructure, particularly in relation to data localization and cross-border transfers.
• Environmental and Zoning Regulations - Data centers are subject to environmental impact regulations and local zoning laws, especially concerning energy consumption and construction permits.

Frequently Asked Questions

What are the most important legal requirements for operating a data center in Argentina?

The primary requirements include compliance with data protection laws, obtaining the necessary business and environmental permits, following labor regulations, and meeting technical standards for security and facility operations.

Is it necessary to store data within Argentina?

Argentine law allows international data transfers in most cases, provided that the destination country offers adequate data protection. Some types of sensitive data or specific sectors may have additional localization requirements.

Who regulates the data protection laws relevant to data centers?

The Agency for Access to Public Information (AAIP) enforces data protection in Argentina, overseeing how personal data is processed, transferred, and safeguarded.

Can I outsource my data management to a service provider abroad?

Yes, but you must ensure appropriate safeguards are in place. The destination provider should be in a jurisdiction approved by Argentine authorities or adopt contractual clauses that comply with local standards.

What kind of environmental permits do data centers need?

Data centers typically need permits for energy use, environmental impact assessments, and waste management, depending on the size and type of operation.

What happens if there is a data breach in my data center?

You are required to notify both the AAIP and affected data subjects as soon as possible and follow prescribed corrective measures to limit harm and comply with reporting obligations.

Are there any incentives for investing in digital infrastructure?

Argentina periodically offers tax benefits, special financing, or other incentives for technology-related investments, particularly in designated tech parks or free trade zones.

How are service level agreements enforced in Argentina?

Service level agreements are enforceable under Argentina's Civil and Commercial Code. Dispute resolution may occur via local courts or, if agreed upon, through arbitration.

Do I need to register my databases with a government body?

Yes, if you process personal data, your databases should be registered with the AAIP, along with detailed information about their scope and security measures.

What are the penalties for non-compliance with data protection laws?

Penalties can include significant fines, suspension, or closure of operations, and even criminal liability for severe infringements. Reputational damages and civil lawsuits may also result from non-compliance.

Additional Resources

Several organizations and public entities in Argentina provide information and assistance related to Data Center and Digital Infrastructure, including:

• Agency for Access to Public Information (AAIP) - Main authority for data protection
• National Communications Entity (ENACOM) - Regulates telecommunications infrastructure
• Chamber of Data Centers Argentina - Industry association providing best practices
• Argentina's Ministry of Modernization - Promotes digital transformation initiatives
• Provincial and municipal government offices - Handle zoning, environmental permits, and construction licensing

Next Steps

If you need legal advice or representation regarding Data Center and Digital Infrastructure issues in Argentina, here are practical steps to follow:

• Gather all relevant documentation, such as contracts, licenses, and correspondence
• Identify your specific legal questions or challenges (for example, regulatory approval, compliance review, or contract negotiation)
• Contact a local attorney who specializes in technology or digital infrastructure law
• Schedule an initial consultation to discuss your case and clarify your objectives
• Follow your attorney's guidance regarding next steps, which may include compliance audits, legal registrations, or negotiating with regulatory bodies
• Stay informed about legal changes and best practices by engaging with professional organizations and monitoring regulatory updates

Taking timely legal action and working with specialists in the field ensures that your digital infrastructure operates securely, efficiently, and in full compliance with Argentine laws.