The Data Protection Authority issued a new regulation providing a cap of AR$ 5,000,000 for monetary sanctions.
On December 13, 2016, the Argentine Personal Data Protection Authority (hereinafter, the “DPA”) enacted Rule No. 71 E/2016 (hereinafter, the “Rule”), which capped the amounts applicable for violations to Argentine Data Protection Law No. 25,326, using the provisions of e Consumer Protection Law No. 24,240 as a basis.
The Rule modifies the maximum amount from the previous ranking of sanctions (please see Personal Data Protection: New System of Infringements and Sanctions in Marval News No. #45 and Modifications to the Personal Data Protection Sanction Framework in Marval News #147), and applies only for those administrative decisions fixing monetary sanctions for identical conducts within the same level. Specifically, this new ranking determines that:
- minor infringements may be sanctioned with fines for up to AR$ 1,000,000 (one million Argentine pesos);
- serious infringements may be sanctioned with fines for up to AR$ 3,000,000 (three million Argentine pesos); and
- very serious infringements may be sanctioned with fines for up to AR$ 5,000,000 (five million Argentine pesos).
All fines imposed by the DPA must be paid within 10 business days from the date of notification.