IP News Report #10
RENAPER incorporates personal data protection policy
As of Order No. 1/2021 of the National Directorate of the National Registry of Individuals (RENAPER), a personal data protection policy (the “Policy”) was approved to safeguard and protect the privacy of individuals whose data is processed by RENAPER. The implementation of the Policy occurs after the data breach suffered by RENAPER in 2021.
The Policy follows the guidelines of the Argentine Data Protection Law No. 25,326 (“DPL”). In any case, it is important to highlight the incorporation of issues that are present in contemporary data protection legislations. In this sense, the following is highlighted:
- A definition of biometric data is provided;
- The concept of privacy by design is specifically incorporated for any operation involving the processing of personal data;
- A specific procedure is established to be carried out in the event of a personal data breach;
- It establishes the obligation to carry out an impact assessment when individuals or legal entities external to RENAPER request access to the databases. It also specifies the minimum issues to be included in such assessment;
- RENAPER shall designate a personal data protection officer (DPO).
To access the Order No. 1/2021, please click the following link.
The complete Policy can be found at the following link.
Facebook Argentina sanctioned for abusive Whatsapp clauses
On January 5, 2022, the National Directorate for Consumer Defense and Consumer Arbitration (“DNDC”) imposed a fine of AR$5,000,000 (approximately USD 46,000 – current exchange rate between pesos and dollars: USD 1 = AR$ 108,75) to Facebook Argentina SRL (“Facebook”).
The administrative process was initiated as a result of a lawyer’s complaint for the modification of the terms and conditions of WhatsApp’s Privacy Policy and Terms of Service, announced in January 2021.
Among other issues, the DNDC determined that Facebook inserted clauses in WhatsApp’s “Terms of Use” and “Privacy Policy” instruments that do not comply with the duty to provide true, clear, and detailed information and, in turn, are abusive since Facebook dissociates itself from its obligations by limiting its liability for damages, restricting the consumer’s rights and, therefore, expanding those of the company. This gives Facebook the exclusive interpretation of the contract and grants it the power to unilaterally modify the terms of the contract, while at the same time authorizing it to terminate the contract without cause and without any breach by the consumer.
Specifically, the DNDC considered that were infringed Sections 4°, 37° paragraphs a) and b) of Law No. 24,240, and paragraphs a), b), c), c), e) and g) of the Annex to Resolution No. 53/2003. According to the Resolution, Facebook did not present any defense in the proceeding.
Finally, it is important to emphasize that AR$5,000,000 is the maximum amount for fines determined in Section 47.b of Law No. 24,240. To impose the fine in question, the DNDC considered Facebook’s privileged dominant position in the market, its technical superiority, and its economic capacity. Likewise, the DNDC remarked that Facebook is one of the main global providers of social networks and content chosen by users all over the world, which in turn generates in consumers a feeling of full trust and transparency.
The complete Resolution can be found at the following link.
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New regulation for the administration of internet domains in Argentina
On January 6, 2022, Resolution No. 2/2022 of the Legal and Technical Secretariat (the “Resolution”) was published in the Official Gazette. Such Resolution incorporates a new Regulation for the Administration of Internet Domains in Argentina, replacing the one approved by Resolution No. 43/2019.
The purpose of the Resolution is to unify the policy on the minimum and maximum number of characters that may compose the domain names to be registered in all the zones administered by the National Directorate of the Internet Domain Registry (“NIC Argentina”).
The “.ar” zone was the only one that had restrictions on the number of characters that can compose an Internet domain name. As from the Resolution, the registration of domains from 1 to 50 characters is allowed in the “.ar” zone.
Before granting the ownership of a domain name of 1 to 3 characters in the zone called “.ar”, NIC Argentina will evaluate the viability of the applications, to avoid the registration of domain names that are offensive, discriminatory, contrary to the law, or that could lead to confusion, deception or identity theft.
To access the Resolution, please click on the following link.
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Intellectual Property, Privacy, New Technologies and Legal Advertising
Partner
damaso.pardo@bruchoufunes.com” font_container=”tag:p|text_align:left” link=”url:https%3A%2F%2Fbruchoufunes.com%2Fen%2Fprofesionales%2Fpardo-damaso-a-en%2F|||”][/vc_column][/vc_row][vc_row][vc_column width=”1/4″][vc_posts_slider count=”3″ interval=”3″ thumb_size=”thumbnail” posttypes=”profesionales” posts_in=”9214″][/vc_column][vc_column width=”3/4″][vc_custom_heading text=”
Barrientos, Alejandro
Intellectual Property, Privacy, New Technologies and Legal Advertising
Partner
alejandro.barrientos@bruchoufunes.com” font_container=”tag:p|text_align:left” link=”url:https%3A%2F%2Fbruchoufunes.com%2Fen%2Fprofesionales%2Falejandro-barrientos%2F|||”][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]
El autor agradece la colaboración de
Raffinetti, Franco
Asociado Propiedad Intelectual, Privacidad, Nuevas Tecnologías y Publicidad legal.[/vc_column_text][/vc_column][/vc_row][vc_row gap=”20″ content_placement=”middle” css=”.vc_custom_1642654430910{background-color: #ffffff !important;border-radius: 10px !important;}”][vc_column width=”1/3″][vc_column_text]
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