Best Technology Transactions Lawyers in Córdoba

About Technology Transactions Law in Córdoba, Argentina

Technology transactions cover the legal arrangements that govern the creation, licensing, sale, supply and operation of software, digital platforms, cloud services, IT outsourcing, data processing and related technology services. In Córdoba, Argentina, technology transactions are shaped by a mix of national laws, provincial regulations and industry practice. Typical agreements include software development contracts, licensing and distribution agreements, software-as-a-service - SaaS - terms, cloud hosting agreements, outsourcing and maintenance contracts, data processing agreements and technology transfer deals.

While many substantive rules come from national law, contracting parties who operate in Córdoba must pay attention to provincial procedural rules, local taxes, applicable consumer protections for B2C services sold to local residents and the availability of local courts or arbitration forums for dispute resolution.

Why You May Need a Lawyer

Technology transactions involve layered risks - intellectual property - data protection - regulatory compliance and commercial exposure. You may need a lawyer in the following common situations:

- Drafting or negotiating software development, licensing or SaaS agreements to ensure clear allocation of rights, warranties, liabilities and deliverables.

- Determining ownership of source code and other intellectual property created by employees or contractors.

- Structuring cross-border services, data transfers and cloud hosting arrangements to comply with personal data protection and cross-border rules.

- Handling disputes over performance, defects, payment or IP infringement - including selecting the appropriate dispute resolution forum.

- Ensuring compliance with consumer protection rules for services offered to final consumers in Córdoba or elsewhere in Argentina.

- Advising on tax treatment, invoicing and export of digital services and on compliance with foreign-exchange controls and withholding obligations.

- Managing regulatory requirements for specific sectors that use technology heavily - for example fintech, telecoms, health tech and e-health platforms.

- Implementing data security, breach response plans and privacy policies that meet national and provincial expectations.

Local Laws Overview

Important legal frameworks and local considerations that commonly affect technology transactions in Córdoba include:

- Intellectual Property - Copyright and trademark rules are central. Software is protected by copyright under the Argentine Copyright Law. Trademarks, patents and related industrial property matters are handled by the National Institute of Industrial Property - INPI - at national level. Parties commonly use licensing agreements or assignments to allocate rights.

- Personal Data Protection - Argentina has a national Personal Data Protection framework that governs collection, use and transfer of personal data. Controllers and processors must follow data protection principles, implement security measures and handle data transfers carefully. The national data protection authority oversees compliance and enforcement.

- Electronic Signatures and Electronic Evidence - Digital signatures are legally recognized when they meet statutory requirements. Electronic contracts and records are commonly used but must meet evidentiary and signature rules for certain transactions.

- Consumer Protection - National consumer protection rules apply to technology goods and services sold to consumers. These rules may impose mandatory warranties, disclosure obligations and restrictions on abusive contract clauses.

- Civil and Commercial Contract Law - The Civil and Commercial Code governs general contract rules, good faith, interpretation and remedies. Careful drafting is important to secure intended commercial outcomes.

- Telecommunications and Internet Regulation - National communications regulators set rules for connectivity, network services and certain content obligations. Hosting location, net neutrality and telecom licensing considerations may apply depending on the service.

- Taxation and Foreign-Exchange Controls - National tax rules administered by AFIP affect VAT, income tax and withholding on software and IT services. Cross-border receipts and payments are also subject to central bank and exchange control rules that can affect foreign customers and suppliers.

- Local Procedural and Registration Requirements - Córdoba has provincial authorities that handle certain business registrations, professional licensing and provincial taxes. Companies and agreements that operate locally should verify provincial registration and tax obligations.

Frequently Asked Questions

What is the difference between a software license and a software assignment?

A software license grants a party permission to use software under defined conditions - time, scope, number of users and restrictions. An assignment transfers ownership rights in the software to another party. The agreement should clearly state whether source code, modification rights and intellectual property are being licensed or assigned.

Who owns the intellectual property when a developer builds custom software?

Ownership depends on the contract and the legal relationship. If the developer is an employee, ownership often vests with the employer under employment rules and the contract. If the developer is an independent contractor, ownership should be expressly assigned in the services agreement. Without clear contractual assignment, disputes over ownership can arise.

Do I need a specific clause for open-source software used in a project?

Yes. Open-source components may impose licensing obligations that affect distribution, derivative works and commercial use. Contracts should identify open-source components, state responsibilities for compliance, and address warranty and indemnity treatment related to open-source licensing. A license audit and clearance process is recommended.

How should we handle cross-border data transfers in a contract?

Contracts should identify data flows, the roles of each party - controller or processor - and the legal basis for transfers. Include data processing agreements, security measures, subprocessors rules and applicable transfer safeguards. Also plan for compliance with any restrictions or requirements imposed by Argentine data protection rules and by the destination jurisdiction.

Are there standard clauses used in SaaS contracts in Córdoba?

Common clauses include service descriptions, service level agreements - SLAs - uptime and availability commitments, data processing and privacy provisions, backup and recovery obligations, security measures, limitations of liability, termination and data return or deletion procedures. Tailor SLAs and data clauses to the nature of the service and the sensitivity of the data processed.

How does consumer protection law affect technology services sold to individuals?

When services are provided to consumers, mandatory consumer protections apply. These may include warranty rights, clear pre-contractual information, cooling-off periods in some cases and restrictions on limiting liability. Contracts with consumers should avoid unfair terms and comply with disclosure rules and advertising standards.

What dispute resolution options are common for tech contracts in Córdoba?

Parties choose between local courts and alternative dispute resolution - ADR - such as arbitration or mediation. Arbitration provides confidentiality and a neutral forum and is commonly used for cross-border and complex tech disputes. If you elect local litigation, specify jurisdiction and venue carefully. Consider enforceability of foreign awards if arbitration is chosen.

Do I need to register software or intellectual property with a government office?

Copyright protection for software exists from the moment of creation, but registration with the national copyright authority or filing with INPI can strengthen evidentiary positions and simplify enforcement. Trademark and patent rights require formal registration at INPI to obtain statutory protection.

What are the main risks when outsourcing IT services?

Main risks include unclear service scope and deliverables, IP ownership and licensing disputes, inadequate data security and privacy safeguards, nonperformance and business continuity risks. Use clear statements of work, acceptance testing, SLAs, liability and indemnity clauses and contingency planning such as source code escrow where applicable.

How should I approach taxation for cross-border technology services?

Tax rules for digital and software services can be complex. VAT, income tax withholding and transfer pricing rules may apply. Whether a transaction is an export of services - and thus treated differently for VAT purposes - depends on the facts and applicable AFIP guidance. Consult a tax advisor to structure pricing, invoicing and cross-border payments to comply with tax and foreign-exchange rules.

Additional Resources

Relevant organizations and bodies that can assist or provide guidance include national and provincial authorities and industry bodies. Examples to consult or contact for information and guidance include:

- Dirección Nacional de Protección de Datos Personales - for data protection guidance and enforcement matters.

- Instituto Nacional de la Propiedad Industrial - INPI - for trademarks, patents and industrial property matters.

- Ente Nacional de Comunicaciones - ENACOM - for telecommunications and internet regulatory questions.

- Administración Federal de Ingresos Públicos - AFIP - for tax and invoicing matters related to technology services.

- Banco Central de la República Argentina - for foreign-exchange and cross-border payment rules.

- Colegio de Abogados de la Provincia de Córdoba - for referrals to local lawyers qualified to handle tech transactions and litigation in Córdoba.

- Cámara de Comercio de Córdoba and local chambers or technology clusters for business and sector contacts, best practices and dispute resolution options.

- National and provincial ministries of production, innovation or science - for incentives, export promotion and local programs that support software and technology companies.

- University legal and technology research centers in Córdoba - for publications and events that address local practice and legal developments.

Next Steps

If you need legal assistance in technology transactions in Córdoba, consider the following practical steps:

- Prepare a concise summary of your transaction - parties, services, jurisdictional facts, timeline, key risks and desired outcomes.

- Gather any draft agreements, statements of work, prior communications and documents that describe the technology and data involved.

- Contact a lawyer with experience in technology transactions, data protection and the Córdoba legal environment. Verify that the lawyer is registered with the Colegio de Abogados de Córdoba and has relevant experience in IT contracts and regulatory compliance.

- Request an initial consultation to discuss strategy, likely legal issues, timeframes and an estimate of fees. Ask for an engagement letter that defines scope, fees and conflict handling.

- Define commercial priorities - what you must protect, what you can negotiate on, acceptable liability limits and desired dispute resolution methods - and provide these to your lawyer.

- If your project involves sensitive personal data, critical infrastructure or regulated sectors such as health or finance, seek specialized technical and legal advice early - including cybersecurity and compliance assessments.

- Keep records of decisions, versions of contracts and any third-party approvals. If negotiation or dispute resolution is likely, preserve relevant evidence and communications.

This guide provides general information and does not substitute for legal advice tailored to your specific situation. Consult a qualified lawyer in Córdoba for personalized advice and representation.