Cookies, Online Tracking and Direct Marketing
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Are there specific requirements for the use of cookies and other online tracking technologies?

Last reviewed: 2 December 2024

Yes

Under Personal Data Protection Law No. 25,326, the personal data required to establish certain profiles for promotion, business or advertising purposes can only be obtained if it is included in documents available to the public, provided by data subjects or obtained with their consent. However, Decree No. 1558/2001 sets forth that personal data may be collected, processed and transferred for advertising purposes without the data subject's consent when it is intended for the formation of specific profiles, which categorize similar preferences and behaviors of the data subjects, provided that data subjects are only identified by their belonging to generic groups.

It has been said that these particular provisions of the Decree, which alter the spirit of Law No. 25,326, have been passed as a result of a strong lobby conducted by marketers developing activities in Argentina. There is visible uncertainty under local data protection regulations as to whether companies are required to obtain express consent from data subjects before sending them direct marketing communications. While some scholars are of the opinion that express consent is required, others take the view that such consent can be avoided.

Additionally, DPA's Disposition No. 4/2009 related to advertising expressly sets forth that any communications for direct advertising purposes may be performed provided that certain mandatory information is granted to data subjects, i.e., a notice of the opt-out right from the database and the mechanism for its exercise, including certain mandatory wording of local data protection regulations.

Further, communications must indicate in a clear manner that the material is a marketing document when it has not been expressly required/consented by the data subject.

Are there specific requirements related to the use of personal data for direct marketing activities?

Last reviewed: 2 December 2024

Yes

  email marketing

☒       opt-out or implied consent

  telephone marketing

☒       opt-out or implied consent

☒  SMS/text message marketing

☒       opt-out or implied consent

  postal marketing

☒       opt-out or implied consent

  online behavioral advertising targeting/social media targeting/ad personalization marketing

☒       opt-out or implied consent