Ley 25.326, cross-border transfer
Ley 25.326, art. 12 (cross-border transfer)
In force since .
A cross border transfer rule binding public and private bodies.
- Obligation class
- Transfer
- Audit expectation
- none
What it requires
- Before transferring personal data of any kind to a country or international or supranational organization, confirm it provides an adequate level of protection; the transfer is prohibited otherwise.
- Rely on the prohibition's exceptions only for international judicial cooperation, health-data exchange the affected person's treatment or an epidemiological investigation requires under dissociation safeguards, a banking or securities transfer under its own applicable law, a treaty-based transfer to which Argentina is a party, or intelligence-agency cooperation against organized crime, terrorism, or drug trafficking.
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST Privacy Framework
- CT.PO-P2Policies, processes, and procedures for enabling data review, transfer, sharing or disclosure, alteration, and deletion are established and in place (e.g., to maintain data quality, manage data retention).
- FINOS AIGF
- AIR-PREV-007Legal and Contractual Frameworks for AI Systems
Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law
What it makes you log
Logging duty
Article 12 prohibits transfers of personal data to countries or international bodies without adequate protection, with listed exceptions. It requires no log or record of transfers and names no audit; the row cites no scope clause.
- Kind
- None
- As of
What this law does
Article 12.1 prohibits transferring personal data of any kind to a country or international or supranational organization that does not provide an adequate level of protection.
Article 12.2 narrows the prohibition to exempt international judicial cooperation, health-data exchange the affected person's treatment or an epidemiological investigation requires, carried out under the dissociation safeguard article 11.3.d states, banking or securities transfers governed by their own applicable law, a transfer agreed under a treaty to which Argentina is a party, and intelligence-agency cooperation against organized crime, terrorism, or drug trafficking.
When LexLint raises it
When your app profile says your app processes personal data.
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