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Argentina does not have a single standalone statute titled “Trade Secrets Law.” Protection is primarily through civil and contractual law, reinforced by general confidentiality obligations in the Civil and Commercial Code and by criminal provisions against misappropriation. In practice, companies rely on non-disclosure agreements (NDAs), employment agreements, and confidentiality clauses to protect sensitive information.
The concept commonly used is “secretos empresariales” or “secretos industriales,” recognized through case law and civil remedies. Information qualifies for protection when it is not generally known, has economic value because it remains secret, and reasonable steps are taken to keep it confidential. Judges assess confidentiality on a case-by-case basis, guided by contracts and applicable statutes.
Key sources for Argentina’s approach include the Civil and Commercial Code, which codifies obligations arising from confidential information, and the data protection framework that influences how confidential data is stored and processed. The protection environment also interacts with competition and anti-trust norms to prevent improper conduct in markets. For practical purposes, firms typically rely on NDAs, internal policies, and security measures to safeguard secrets.
Recent reforms and trends focus on updating contract law to address digital information, cross-border data transfers, and enforcement mechanisms for confidentiality breaches. For an overview of the official framework, see sources from the National Institute of Industrial Property and the national data protection authority.
Argentina's Civil and Commercial Code modernization in 2015 established clearer obligations around confidentiality and contractual duties, influencing how trade secrets are protected in everyday business.
Relevant official sources include the National Institute of Industrial Property (INPI) for guidance on industrial secrecy and the national data protection authority for data security standards that impact confidential information.
INPI - National Institute of Industrial Property - official guidance on industrial property matters, including trade secrets and related protections.
Dirección Nacional de Protección de Datos Personales - official authority for data protection and data security practices that affect confidential information handling.
Argentina relies on a combination of statutes and contractual practices to protect trade secrets. The following laws are commonly implicated in trade secret protections and enforcement:
Recent trends include stronger emphasis on digital data security, heightened scrutiny of cross-border data transfers, and growing use of injunctive relief to stop the disclosure of confidential information. These developments reflect the broader alignment with international best practices while remaining grounded in Argentine civil and commercial norms.
Sources: INPI guidance on secretos industriales; Ley 25.326 de Proteccion de Datos Personales; Codigo Civil y Comercial de la Nacion.
INPI - Secretos industriales - official guidance on protecting industrial secrets and related rights.
Ley 25.326 de Proteccion de Datos Personales - official text and updates on data protection standards which influence confidential information handling.
A trade secret is information that is not generally known, has economic value from its secrecy, and is subject to reasonable steps to keep it confidential. Protection arises mainly through contracts and civil remedies rather than a specific trade secret statute.
Use a well drafted NDA specifying scope, duration, and remedies. Complement with employment agreements and internal policies about data handling and security. Seek local legal counsel to tailor clauses to your industry and jurisdiction.
When information becomes public or is independently developed by others, it loses its secrecy. Misappropriation after disclosure may still support civil remedies if the disclosure was unauthorized.
Civil or commercial courts typically handle these disputes at the provincial level. An Argentine attorney can advise on jurisdiction, evidence, and procedural steps to obtain relief.
Data protection rules govern how confidential information is stored and processed. Noncompliance can increase the risk of breaches and reduce the effectiveness of confidentiality protections.
Yes, if the NDA is valid and reasonable in scope. Argentine courts assess duration, geographic reach, and the nature of the information in considerating enforceability.
You can draft one yourself, but a local attorney should review it. A customized, jurisdiction-specific NDA is more likely to be enforceable and aligned with Argentine practice.
There is no single agency focused only on trade secrets. Protection is achieved through civil contracts and enforcement in courts, with guidance from INPI for related industrial secrecy issues.
A trade secret protects information kept confidential and not disclosed to the public, without exclusive rights. A patent requires public disclosure in exchange for temporarily exclusive rights granted by a government authority.
Civil actions can range from several months to a year or more, depending on the court docket and complexity. Injunctions may be sought quickly to stop ongoing disclosure.
Yes. Local counsel understands procedural rules, court practices, and enforceability of confidentiality provisions in Argentina. They can tailor strategies to your province and sector.
Define confidential information clearly, specify permitted use, include post-employment obligations, set the duration, define remedies, and choose governing law and venue. Have it reviewed by a local lawyer.
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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.
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