Argentina's regulatory authorities have moved decisively to address the governance gap surrounding digital services. A new regulatory instrument targeting technology companies offering digital services in the Argentine market took effect in early 2025. International businesses that have not yet mapped their exposure face the risk of enforcement action, financial penalties, and – in some cases – suspension of local operations.
Argentina's digital services regulation establishes binding obligations for technology companies providing digital platforms, algorithmic-driven services, and software-based products to Argentine users. Companies meeting defined threshold criteria must register with the relevant authority, appoint a local representative, and implement transparencia algorítmica (algorithmic accountability) mechanisms within the compliance window. The compliance deadline for existing market participants was set for the first quarter of 2026.
This alert explains which business categories are affected, the applicable thresholds, and the immediate steps international companies should take.
What changed and when it took effect
Argentina's legislature and executive have progressively extended the reach of technology legislation over recent years. The most recent development consolidates those efforts into a unified set of rules for digital services providers. The regulation entered into force in early 2025 and operates across Argentina's civil and commercial legislative regime.
Several shifts are new in substance, not merely procedural. First, the rules introduce a formal technology licensing requirement for certain categories of software liability-bearing services. Second, they impose responsabilidad algorítmica (algorithmic accountability) standards: providers of automated decision-making systems must document how those systems reach outcomes that affect Argentine users. Third, the rules align Argentina's requirements with international AI Act compliance approaches, bringing domestic obligations closer to standards already familiar to European-facing businesses.
The regulation applies regardless of where the provider is incorporated. A company headquartered in Europe, the United States, or Asia is subject to the same requirements as a locally registered entity – provided it meets the threshold criteria described below.
Who is affected and threshold criteria
The regulation targets providers of digital services that meet one or more of the following conditions:
- The service is offered to Argentine users on a commercial basis, whether or not the provider has a local legal presence.
- The provider processes personal data of Argentine residents as a core element of its service.
- The service deploys automated or algorithmic systems that produce decisions with legal or material effects on users.
- The provider earns revenue from Argentine users above the threshold set by the regulatory authority – which is assessed annually and applies to both direct and indirect commercial models.
Software-as-a-service platforms, marketplace operators, search and recommendation engines, and providers of AI-driven analytics tools all fall squarely within scope. Purely B2B technology providers with no direct interface with Argentine end-users may fall outside the core obligations, but they should verify this position carefully: the rules extend to intermediary layers in certain digital supply chains.
A company operating in the digital services sector in Argentina without having assessed its exposure risks retroactive enforcement. The Secretaría de Innovación Pública (Secretariat for Public Innovation) and the data protection authority have both indicated active enforcement intent for the 2026 period.
For companies with parallel exposure in other markets, the compliance picture for digital services regulation in the United States provides a useful reference point when constructing a multi-jurisdictional compliance strategy.
To receive an expert assessment of your company's regulatory exposure in Argentina, contact us at info@ferrazwhitmore.com.
Immediate actions for international companies
The compliance deadline for existing market participants falls within the first quarter of 2026. Companies not yet compliant should prioritise the following steps:
- Conduct a threshold assessment. Determine whether your digital services meet any of the criteria above. This requires mapping user base, data flows, and revenue streams attributable to Argentina.
- Register with the relevant authority. Providers that meet the threshold must submit a registration under Argentina's technology licensing regime. Failure to register before the deadline triggers penalties under commercial and administrative legislation.
- Appoint a local representative. The regulation requires a designated contact in Argentina – an individual or entity authorised to receive regulatory notices and respond to enforcement inquiries on the provider's behalf.
- Document algorithmic systems. Providers using automated decision-making must prepare technical documentation explaining system logic, training data categories, and the nature of decisions produced. This is the core of the algorithmic accountability requirement.
- Review software liability exposure. Where your service carries software liability risk – particularly for outputs that influence commercial, financial, or health-related decisions – obtain a legal opinion on how Argentine civil legislation allocates that liability.
Companies with intellectual property assets embedded in their digital products should also review registration and protection strategies under Argentine intellectual property legislation. Our analysis of intellectual property matters in Argentina addresses the interaction between technology deployment and IP protection in this jurisdiction.
A broader review of your legal position under Argentine technology and AI regulation is available through our dedicated practice. For a tailored strategy on digital services compliance in Argentina, reach out to info@ferrazwhitmore.com.
About Ferraz & Whitmore
Ferraz & Whitmore is an international law firm based in Lisbon, advising business clients across 46 jurisdictions. Our AI and technology law practice supports technology companies, digital platform operators, and international investors managing regulatory obligations across civil law and common law systems. We help clients working through digital services regulation, AI Act compliance requirements, and algorithmic accountability obligations in Argentina and across Latin American markets. Engaging a lawyer in Argentina with cross-border experience is a distinct advantage when navigating regulatory systems that blend local civil law traditions with internationally derived technology standards. Our attorneys have advised on technology licensing, software liability, and cross-border data matters across both civil law and common law jurisdictions. As a law firm in Argentina matters context, Ferraz & Whitmore brings its Lisbon base and EU regulatory expertise directly to bear on Argentine compliance strategies. To discuss your company's position under Argentina's digital services regulation, contact us at info@ferrazwhitmore.com.
Disclaimer: This publication is provided for informational purposes only and does not constitute legal advice. The information herein should not be relied upon as a substitute for professional legal counsel tailored to your specific circumstances. Ferraz & Whitmore assumes no liability for actions taken or not taken based on the contents of this material. For advice regarding your particular situation, please contact info@ferrazwhitmore.com.
Published: March 27, 2026
Author: Marco Reyes – International Counsel, Americas & Iberian Markets
Marco Reyes is an International Counsel at Ferraz & Whitmore advising clients on legal matters across Latin American jurisdictions and Iberian markets. He specialises in commercial litigation, investment disputes, and cross-border contract enforcement in civil law systems.