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In Mar del Plata, trade secrets are not governed by a stand-alone local statute. Protection relies on general confidentiality principles in civil law and on contractual obligations, such as non-disclosure agreements with employees and partners. Local businesses often rely on well drafted NDAs and internal policies to safeguard sensitive information.
Argentina does not have a dedicated national “trade secrets” law in the same way some jurisdictions do. Instead, confidential information falls under general rules about contract, civil liability and intellectual property. When a breach occurs, remedies typically include damages, injunctions, and specific performance under the Civil and Commercial Code and related statutes.
For residents and businesses in Mar del Plata, it is essential to implement clear internal policies, precise employment agreements, and robust data handling procedures to reduce risk. Beneficial guidance is available from national authorities that oversee property, data protection, and normative information relevant to confidential information.
En Argentina no existe una ley única específica de secretos comerciales; la protección se apoya en el Código Civil y Comercial de la Nación, contratos y leyes de propiedad intelectual. Fuentes oficiales: INPI y InfoLEG.
Relevant official resources with practical guidance include the Instituto Nacional de la Propiedad Industrial (INPI) and the normative repository InfoLEG. These resources explain how confidential information interacts with patents, trademarks, and other IP protections at the national level. See the links in the Additional Resources section for direct access.
INPI and InfoLEG provide official context on how trade secrets sit alongside other IP rights and contractual protections in Argentina.
The following national frameworks shape how trade secrets and confidential information are treated in Mar del Plata and across Buenos Aires Province. They are not a local Mar del Plata statute, but they guide enforcement and risk management for residents and businesses here.
Código Civil y Comercial de la Nación - vigente desde 1 de agosto de 2015. This code establishes general civil obligations, including confidential information, non-disclosure duties, and remedies for breach. It is the primary civil-law base for disputes involving secrets and confidential data.
Ley de Protección de Datos Personales 25.326 - in force since 2000, with periodic reforms. It governs the handling of personal data and has implications for how confidential information containing personal data is collected, stored, and shared. This is particularly relevant for Mar del Plata businesses handling client or employee information.
Ley de Propiedad Intelectual 11.723 - enacted in 1937 and still applicable in Argentina. It regulates copyright and related rights, providing context for information that may be protected as IP. While not a stand-alone trade secrets statute, it interacts with confidentiality when ideas or processes are expressed in works that may be protected.
These laws interact with practical enforcement tools such as non-disclosure agreements (NDAs), confidentiality provisions in employment contracts, and internal policy controls. For procedural steps and official references, see the sources listed in the Additional Resources section.
Recent trends include greater emphasis on data protection compliance for businesses handling personal data in confidential form, and increased use of civil remedies to protect business know-how in contract disputes. Local courts in Buenos Aires Province, including the Mar del Plata area, generally apply these up-to-date civil and data protection principles to protect confidential information.
For primary legal texts and official guidance, consult these government resources: INPI and InfoLEG. You may also review the national data protection framework at Dirección Nacional de Protección de Datos Personales.
There is no standalone statute titled trade secrets; confidential information is protected through civil contract and civil liability rules. The key is that information must be secret, have commercial value, and be known only to limited persons.
Information qualifies if it is not generally known, derives value from its secrecy, and your business has taken reasonable steps to keep it confidential. Document these steps to support any legal claim.
Use NDAs at the start of employment or engagement and renew them for ongoing projects. Ensure they cover the scope, duration, and remedies for breach, including injunctive relief and damages.
Civil liability claims are typically filed in the provincial courts of Buenos Aires Province. A lawyer can determine the correct forum and help with evidence preservation and subpoenas.
If your secret contains personal data, the data protection law applies to its handling. Breaches can trigger penalties and compensations independent of civil NDA breaches.
No. Internal policies help prevent breaches but do not replace legal remedies. Courts look at contract terms, evidence of secrecy, and steps taken to protect information.
Argentina does not require registering trade secrets for protection. Registration is not typical for secrets; protection is contractual and through civil remedies.
Yes. A lawyer can tailor the NDA to your industry, ensure enforceability under local civil law, and include appropriate remedies for breaches.
No. Trade secrets rely on confidentiality and contract, while patents and trademarks require formal registration and grant exclusive rights.
Protection lasts as long as the information remains secret and valuable. The duration is not fixed and ends when secrecy is lost or the information becomes public.
In many cases, inadvertent disclosure can still support a claim if it breaches a valid NDA and harms your business. Demonstrating negligence in protection can affect remedies.
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