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What is the legal age of adulthood/ majority in your jurisdiction? Are all persons below this age considered a child/ minor?
The National Civil and Commercial Code (CCC) establishes, as a general rule, that the age of legal capacity is 18. Minors under 18 depend on their parents or legal representatives to exercise their rights and perform any legal actions. Nevertheless, the CCC acknowledges that a 13-year-old (adolescent) is partially capable of exercising their legal rights and can provide valid consent for certain specific acts. Moreover, a person who is 16 is considered an adult for all decisions related to their own body or personality rights.
Has the UNCRC been directly incorporated into national law in your jurisdiction?
Yes.
Yes, the United Nations Convention on the Rights of the Child (UNCRC) has been directly incorporated into Argentine national law. Argentina ratified the UNCRC in 1990, and it was given constitutional status through the 1994 constitutional reform. Specifically, Section 75.22 of the Argentine Constitution grants international human rights treaties, including the UNCRC, the highest legal authority, placing them above national laws.
Is there an ombudsperson/ commissioner for children in your jurisdiction?
Yes.
Yes, in Argentina, the Ombudsperson for the Rights of Children and Adolescents was created by Law No. 26.061 on the Comprehensive Protection of the Rights of Children and Adolescents, enacted in 2005.
If there is an ombudsperson/ commissioner for children in your jurisdiction, do they have any responsibility for upholding children’s rights in the digital world or does the relevant regulator have sole competence?
Yes.
The Ombudsman for the Rights of Children and Adolescents is responsible for ensuring the protection of the rights of minors, both in the physical and digital world, as established by the National Constitution, the UNCRC and national laws.
Is there any standalone requirement to collect the consent of one or both parents when processing a child’s personal data (irrespective of any other obligations, e.g. the requirement to have a legal basis for processing)?
No.
There are no specific national laws in this respect; in this context the Personal Data Protection Act N° 25.326 (PDPA) applies. In this regard, it is important to mention that according to the PDPA, consent is the only valid legal basis for the processing of personal data. Consequently, in order to collect personal data from minors, the express consent of his or her parents must be obtained.
At what age can children legally consent to the processing of their own personal data, such that parental permission/ consent is not required?
13
Although there is no specific regulation in the data protection framework, from a joint interpretation of the National Civil and Commercial Code and the Personal Data Protection Act N° 25.326, minors between the ages of 13 and 17 can give their consent to the processing of their personal data. In the case of children under the age of 13, consent must be given by their parent or guardian and the data controller must implement appropriate measures to ensure that consent is provided by their parent or guardian.
Are there specific requirements in relation to collection and/or verification of parental consent/ permission concerning the processing of a child’s personal data?
No.
The Personal Data Protection Act N° 25.326 does not contemplate specific steps in order to verify that the minor's parent has given his or her consent. However, Resolution 4/2019 of the Agency for Access to Public Information (AAPI) determines that in the case of the processing of personal data of minors, their psychophysical characteristics, aptitudes and maturity must be taken into account. Furthermore, in the event that the minor does not have sufficient capacity to provide informed consent (in the case of minors under 13 years of age), the minor's parent may consent to the processing of his or her personal data. In this case, the data controller must ensure that the consent is effectively given by the parental authority.
Are there any particular information or transparency requirements concerning the processing of children’s personal data?
No.
There are no particular information or transparency requirements in relation to the processing of personal data of minors in Argentina. The general provisions of the Personal Data Protection Act N° 25.326, which establish the need for information on the collection and processing of personal data, apply.
Can children directly exercise their rights in relation to their personal data without the involvement of their parents?
Yes.
There is no specific regulation that establishes the age at which children have the legal right to exercise their rights as data subjects under the Personal Data Protection Act N° 25.326 (PDPA). However, based on a joint interpretation of the National Civil and Commercial Code and the PDPA, children over 13 years old can directly exercise their rights regarding their personal data without the need for parental involvement. In the case of children under 13, parental consent is required, and typically, parents or guardians would need to exercise these rights on behalf of the child.
Can children make complaints on their own behalf directly to your national data protection/ privacy regulator(s)?
Yes.
There are no specific provisions that establish that minors can file complaints directly with the National Access to Public Information Agency (AAIP).
However, the Comprehensive Protection of the Rights of Children and Adolescents Act states that state agencies must guarantee several rights to children and adolescents in any judicial or administrative proceedings that affect them, such as: a) the right to be heard by the competent authority when they request it; b) the right for their opinion to be primarily considered when decisions affecting them are made; c) the right to be assisted by a lawyer specialised in childhood and adolescence from the beginning of the procedure (if they lack resources, the state must assign them a lawyer at no cost); d) the right to participate actively in the entire process; and e) the right to appeal to a higher authority against any decision that affects them.
Are there any particular requirements/ prohibitions related to:
a. processing specific types of children’s personal data;
b. carrying out specific processing activities involving children’s personal data; and/ or
c. using children’s personal data for specific purposes.
No.
There are no specific requirements or prohibitions regarding the processing of personal data of children in Argentina. The general provisions of the Personal Data Protection Act N° 25.326 apply, which regulate the processing of personal data in general, including data of minors.
Has there been any enforcement action by your national data protection/ privacy regulator(s) concerning the processing of children’s personal data? In your answer, please include information on the volume, nature and severity of sanctions.
No.
There have been no specific sanctions imposed by the National Access to Public Information Agency in Argentina regarding the processing of children's personal data.
Are there specific rules concerning electronic direct marketing to children?
No.
There are no specific rules regarding direct marketing to minors. However, under Argentine legislation, direct marketing is allowed if the data subject has provided explicit consent for direct marketing, or if consent is not collected, but the communication is clearly marked as "ADVERTISING," and an opt-out option is readily available in each communication.
Are there specific rules concerning the use of adtech tracking technologies, profiling and/or online targeted advertising to children?
No.
There are no specific rules concerning the use of adtech tracking technologies, profiling, or online targeted advertising directed at children.
Are there specific rules concerning online contextual advertising to children?
No.
There are no specific rules regarding online contextual advertising directed at children.
Has there been any regulatory enforcement action concerning advertising to children? In your answer, please include information on the volume, nature and severity of sanctions.
No.
There have been no specific sanctions imposed by the National Access to Public Information Agency in Argentina regarding advertising to children.
At what age does a person acquire contractual capacity to enter into an agreement to use digital services?
According to the Argentine Civil and Commercial Code, a person acquires full contractual capacity at the age of 18. However, minors between the ages of 13 and 17 have limited capacity to enter into agreements for everyday matters or that are considered of low risk.
When it comes to digital services, the minimum age may vary depending on the specific terms and conditions (e.g. many social media platforms set the minimum age at 13).
Do consumer protection rules apply to children?
Yes.
Under the Consumer Protection Act (Law No. 24,240), any person who acquires goods or services as the final recipient shall be considered a consumer.
Are there any consumer protection rules which are specific to children only?
Yes.
Resolution 236/20 of the Secretariat of Domestic Trade establishes the procedure for receiving complaints or claims filed by adolescents (i.e. minors between the ages of 13 and 17) when they identify a violation of the Consumer Protection Act (Law No. 24,240).
Has there been any regulatory enforcement action concerning consumer protection requirements and children’s use of digital services? In your answer, please include information on the volume, nature and severity of sanctions.
Yes.
The Directorate for the Defense of Consumer and User Rights of the Province of Buenos Aires has recently imposed a fine of nearly AR$200 million on a company, which launched a campaign offering cryptocurrencies in exchange of iris scanning and failed to verify the users’ age of majority.
Are there any age-related restrictions on when children can legally access online/ digital services?
No.
However, under Argentinian law, minors can provide consent when they are at least 13 years old.
Are there any specific requirements relating to online/ digital safety for children?
No.
There are no specific requirements relating to online safety for children.
Are there specific age verification/ age assurance requirements concerning access to online/ digital services?
No.
There are no specific age verification/age assurance requirements. However, if consent is provided by someone that is less than 13 years old, consent could be deemed null.
Are there requirements to implement parental controls and/or facilitate parental involvement in children’s use of digital services?
No.
There are no requirements to implement parental controls.
Has there been any regulatory enforcement action concerning online/ digital safety? In your answer, please include information on the volume, nature and severity of sanctions.
No.
There are no regulatory enforcement actions concerning online safety that we are aware of.
Are there any existing requirements relating to children and AI in your jurisdiction?
No.
N/A
Are there any upcoming requirements relating to children and AI in your jurisdiction?
No.
However, several bills of law (BoLs or bills) have been introduced in the Argentine Congress aiming to regulate online activities involving minors (including the use of AI for the commission of sexual crimes). Below is a brief overview of the bills introduced over the past 6 months:
- Online gambling: with the rise of online gambling addiction, many bills have been filed in order to criminalize the enabling the access of minors to online gambling sites (see BoL 2630-D-2024, which has been approved by the Chamber of Deputies and is now awaiting Senate review). Some bills also include preventive measures such as regulating advertising and including the risks of these practices into the mandatory educational curriculum at all levels, among others. For more information, see BoLs No. 2614-D-2024, 3987-D-2024, 2004-S-2024, 1964-S-2024, 1886-S-2024, 1860-S-2024, 1675-S-2024 (attached) and 1636-S-2024.
- Influencers and advertising aimed at minors: bills that seek to regulate digital influencers’ content and social media advertising -when directed at minors- have also been submitted. See BoLs No. 7268-D-2024, 5379-D-2024, 2213-S-2024 and 2197-S-2024.
- Artificial intelligence and child abuse: while already criminalized under Argentine law, many bills seek to include within the existing regulations the crime of using artificial intelligence to generate or reproduce, in any way, sexually explicit images involving minors (see BoLs No. 7225-D-2024 and 5327-D-2024).
Has there been any other regulatory enforcement activity to date relevant to children’s use of digital services? In your answer, please include information on the volume, nature and severity of sanctions.
No.
There have been no enforcement actions targeting digital services used by children.
Are there any other existing or upcoming requirements relevant to children’s use of digital services?
No.
There are no additional existing or upcoming legal requirements specific to children's use of digital services in Argentina. However, the National Access to Public Information Agency has published recommendations encouraging adults to guide and support children and adolescents in protecting their personal data and privacy in digital environments. These recommendations are non-binding and serve as general guidelines for promoting safe digital practices among minors.
Contributors
Mercedes Elaskar
Allende & Brea
Pablo Palazzi
Allende & Brea
Ariana Urba
Allende & Brea
