ANTI-SPAM LAWS IN ARGENTINA

The Data Protection of Argentina Act (the “Act”) grants Argentinean citizens the right to request that a sender of spam mail ceases its transmission, and also created the National Directorate for Personal Data Protection which operates a registry of personal data holders, investigates spam incidents, and is empowered to impose sanctions such as injunctions or fines against spammers. Recipients of spam have successfully sought remedies pursuant to the Act.

The following questions have been addressed in this article:

Who is empowered to prevent the transmission of spam?
What sanctions can be imposed on spammers?
What is the basis for the system of fines for violations under the Act and what are the potential fines that may be levied pursuant to such violation?
What penalties have been imposed pursuant to the violation of the Act?

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