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About E-commerce & Internet Law in La Plata, Argentina

This guide explains the main legal issues that affect online businesses, digital services and internet users in La Plata, Argentina. E-commerce and internet law covers consumer protection in online sales, data protection and privacy, electronic contracts and signatures, payment and tax obligations, intellectual property, platform liability and response to cybercrime. In Argentina, most rules that apply in La Plata are national laws and regulations, together with provincial and municipal rules that can affect business operations. Legal advice can help you design compliant websites, avoid disputes and respond to incidents such as data breaches or intellectual property infringement.

Why You May Need a Lawyer

People and businesses in La Plata seek lawyers for e-commerce and internet matters for many reasons. Common situations include:

- Starting an online business and needing help with company formation, commercial terms and compliance with consumer and tax obligations.

- Drafting or reviewing terms of service, privacy policies, cookie notices and electronic contracting procedures.

- Responding to consumer complaints or administrative claims under consumer protection laws.

- Handling data-protection issues - creating data processing records, responding to access or deletion requests, or managing data breaches.

- Protecting intellectual property online - enforcing trademarks, copyrights and domain-name disputes.

- Resolving payment, refund or fraud disputes with customers, payment providers or marketplaces.

- Defending or bringing civil claims for damages arising from online contracts, defamation or unauthorized use of content.

- Dealing with cybercrime - reporting attacks, coordinating with investigators and preserving digital evidence.

Local Laws Overview

The following legal frameworks are especially relevant for e-commerce and internet activity in La Plata. Many are national laws and regulations that apply locally:

- Consumer Protection - Ley 24.240 and its regulations set rules for distance selling, mandatory pre-contractual information, returns and warranties. Online sellers must provide clear prices, taxes, shipping conditions and cancellation rights when applicable.

- Personal Data Protection - Ley 25.326 regulates collection, processing and transfer of personal data. It requires legitimate purpose, informed consent in many cases, security measures and procedures to respond to requests from data subjects. The National Directorate for Personal Data Protection handles complaints and supervision.

- Electronic Signatures and Electronic Documents - Law 25.506 and related regulations recognize certain electronic signatures and confer legal validity to electronic documents when specific technical and certification requirements are met.

- Civil and Commercial Code - The Código Civil y Comercial de la Nación governs contract formation, obligations and remedies that apply to online contracts and digital transactions.

- Tax and Invoicing Rules - AFIP rules require registered taxpayers to issue electronic invoices in many cases and determine VAT and income tax obligations for e-commerce. Cross-border sales may have customs and foreign-exchange implications.

- Intellectual Property - Trademark and copyright rights are protected under national IP law and enforced through administrative procedures at the National Institute of Industrial Property - INPI - and through courts.

- Cybercrime and Public Safety - Crimes related to unauthorized access, fraud, identity theft and distribution of malicious software are criminal offenses investigated by federal and provincial authorities. Specialized units and prosecutors handle cyber investigations.

- Domain Names and Internet Infrastructure - NIC Argentina administers the .ar domain space and sets rules for registration and dispute resolution.

- Provincial and Municipal Rules - Local regulations in Buenos Aires province and the Municipality of La Plata may affect business permits, advertising, signage and local taxes. Check with the Colegio de Escribanos and the municipal authorities for municipal permits and zoning issues if relevant.

Frequently Asked Questions

Do I need to register my online store or business in Argentina?

Yes - if you operate commercially you typically need to register your business, obtain tax identification with AFIP and comply with local registration and municipal permits. The business form you choose - monotributista, registered taxpayer, or a company - affects taxation, invoicing and social security obligations. A local lawyer or accountant can advise the optimal structure.

What information must I provide to consumers on my website?

Under consumer protection rules you must provide clear information about the seller - legal name, address, contact details - product or service characteristics, total price including taxes and fees, delivery and shipping terms, cancellation and refund policies, warranty terms and any restrictions. Pre-contractual transparency is essential for distance sales.

Do I need a privacy policy and how should I handle personal data?

Yes. A privacy policy that explains what personal data you collect, the purpose of processing, legal grounds, data retention periods and how users can exercise their rights is required. You should implement security measures, keep processing records and be prepared to respond to access, rectification and deletion requests in line with Ley 25.326.

Are electronic signatures valid for contracts in Argentina?

Certain electronic signatures are legally recognized under Law 25.506. Qualified digital signatures that meet the technical and certification requirements established by the law and its regulations have the same legal effect as handwritten signatures for many transactions. The suitability of an electronic signature depends on the contract type and the level of certainty required.

What should I do if someone copies my website content or sells counterfeit products?

Document the infringement carefully - screenshots, URLs and timestamps. Send a formal cease-and-desist notice and consider administrative remedies at INPI for trademarks or copyright enforcement, or platform takedown procedures if the infringement occurs on a marketplace. A lawyer can evaluate urgent measures such as injunctions and prepare evidence for litigation if necessary.

How do I handle a data breach or cyber-attack?

Act quickly: isolate and contain the breach, preserve logs and evidence, assess the scope and affected data, notify the relevant supervisory authority if required and inform affected users when legally necessary. In parallel, engage IT specialists and a lawyer to manage legal obligations, regulatory reporting and potential claims.

What are my obligations for invoicing and taxes when selling online?

You must comply with AFIP invoicing requirements, which generally include issuing electronic invoices for taxable operations. VAT, income tax and social-security obligations depend on your legal form and turnover. Cross-border sales have special tax and customs implications. Coordinate with an accountant and a lawyer to ensure tax compliance.

Can I be held liable for content posted by users on my platform?

Platform liability depends on the degree of control and knowledge about the content. If you actively moderate, promote or have actual knowledge of illegal content and fail to act, liability risk increases. Clear terms of use, prompt takedown policies and documented moderation procedures can reduce exposure, but specific legal advice is necessary to assess each case.

How do I resolve disputes with consumers - mediation, administrative claims or court?

Many consumer disputes can be handled through provincial or national consumer defense agencies, which may offer mediation or administrative resolution. For monetary claims, judge-managed small claims procedures or civil courts are options. Contracts can specify arbitration or alternative dispute resolution - provided agreements are valid under applicable consumer protection rules. A lawyer can advise the most appropriate path.

Where do I file complaints about online fraud or cybercrime?

Report criminal acts to the local police, the provincial or federal prosecutor's office and any specialized cybercrime units. Preserve digital evidence and report fraud to payment providers and platforms. Depending on the matter, you may also file complaints with consumer protection agencies or the data protection authority.

Additional Resources

Useful public bodies and organizations to consult in La Plata and Argentina include:

- AFIP - tax and invoicing authority for guidance on electronic invoices and tax obligations.

- National Directorate for Personal Data Protection - supervision of data protection rights and complaints.

- National Institute of Industrial Property - INPI - for trademarks, patents and industrial designs.

- NIC Argentina - authority that administers .ar domain registrations and domain-related policies.

- Provincial and municipal consumer protection agencies - for filing complaints and seeking mediation in consumer disputes.

- Colegio de Abogados de La Plata - local bar association to verify lawyers credentials and find attorneys specialized in commercial, internet and consumer law.

- Specialized cybercrime units and the public prosecutor - for reporting serious fraud, hacking and other cybercrimes.

- Local chambers of commerce and digital trade associations - for business guidance and best practices in e-commerce operations.

Next Steps

If you need legal assistance in La Plata, consider these practical steps:

- Gather documentation - contracts, invoices, screenshots, server logs, correspondence and any evidence related to your issue.

- Decide the area of specialization you need - consumer law, data protection, IP, tax, contracts or cybercrime - and look for a lawyer with experience in e-commerce and internet matters.

- Contact the Colegio de Abogados de La Plata to verify credentials and request referrals to specialists. Ask potential lawyers about their experience with cases like yours, typical timelines and fee structures.

- Prepare a clear brief for your first meeting - outline facts, desired outcome and any urgent deadlines. Ask about immediate steps to preserve rights and evidence.

- Consider engaging both legal and technical experts for incidents involving data breaches or complex technical evidence.

- Explore administrative remedies and alternative dispute resolution before litigation, when appropriate - these can be faster and less costly.

- Keep compliance under review - update terms of service, privacy policies and operational procedures regularly to reflect changes in law and technology.

Legal issues in e-commerce and internet law are often time-sensitive. Early advice can prevent escalation and protect your business or personal rights. If you are unsure where to start, a short consult with a qualified local attorney can clarify your options and next steps.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.