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AI Legislative Guide

Argentina

(Latin America) Firm Marval O’Farrell Mairal

Contributors Diego Fernández

Updated 02 Oct 2025
Has specific legislation, final regulations or other formal regulatory guidance addressing the use of AI in your jurisdiction been implemented (vs reliance on existing legislation around IP, cyber, data privacy, etc.)?

No. Although there is no specific AI legislation, existing laws and guidelines establish relevant principles governing its use. However, several bills that seek to establish a legal framework for the development, implementation and responsible use of AI systems in Argentina have been proposed, and they are currently under discussion in Congress. For example, Bill No. 1937-D-2025 aims to protect personal data, promote a safe, ethical and inclusive environment, while establishing the Ministry of Artificial Intelligence as the national AI policy authority. Moreover, Bill No. 4219-D-2025 addresses the use of AI within public institutions, promoting the incorporation of AI in administrative procedures to increase efficiency.

Please provide a short summary of the legislation/regulations/guidance and explain how legislators aim to strike the balance between innovation and regulation.

When dealing with AI, although there is no specific regulation, the Civil and Commercial Code, the Consumer Protection Law, the Labour Contract Law and other non-binding guidelines issued by the Argentine Data Protection Authority ("AAIP") could apply.

The Civil and Commercial Code establishes a preventive duty to avoid harm, under which reasonable measures must be taken to prevent damage, mitigate its effects, and refrain from aggravating it. Moreover, AI could be considered a hazardous activity, giving rise to a strict liability criterion (Section 1757).

The Consumer Protection Law provides for compensation when damages arise from a defect or inherent risk in a product. Harms caused by software errors or biased algorithms can fall within the concept of a defective product.

The AAIP has issued Resolution No. 161/2023, creating the "Program for Transparency and Personal Data Protection in the Use of Artificial Intelligence." This resolution aims to encourage responsible AI in Argentina by promoting best practices, ensuring algorithmic transparency, strengthening institutions, protecting citizens’ rights, and fostering participatory processes for future regulation.

Additionally, the AAIP has published specific guidelines for public and private entities on transparency and personal data protection, providing further direction for the responsible use of AI. These guidelines aim to ensure that the principles of transparency and personal data protection are embedded at every stage of the AI lifecycle, from design and development to deployment and monitoring.

With respect to the balance between innovation and regulation, several bills aim to position Argentina as an AI hub with light regulation, fostering an environment conducive to innovation while ensuring that AI is used ethically and responsibly.

Which agency regulates the use of AI in your jurisdiction?

There is currently no agency that regulates the use of AI in Argentina. 

However, the Agency for Access to Public Information ("AAIP")  has issued guidelines on its responsible use, particularly regarding transparency and personal data protection. 

In addition, several bills have been introduced that propose the creation of a new specialized agency to oversee AI.

AI Legislative Guide

Argentina

(Latin America) Firm Marval O’Farrell Mairal

Contributors Diego Fernández

Updated 02 Oct 2025