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ArgentinaChecked 18 August 2026
Yes, with paperworkWork: MediumEnforcement: Active
In one paragraph
Argentina lets personal data leave the country, but only on paper terms it sets. You either send it to a country the regulator has approved, or you sign the regulator's own model contract with the receiver. No industry has to keep data inside Argentina. Fines are tiny in dollars, but the regulator can order a database shut down, and some misuse is a crime.
The catch
There is no data-residency wall in Argentina, but four sector rules still catch people out. Banks and payment firms must run their technology and security management from inside Argentina, must tell the banking supervisor before they outsource, and must report a cyber incident within one hour. Government bodies must have a working backup data centre by late 2026. And nobody may publish a map showing Argentine territory without the national mapping agency's prior approval.
Does this apply to me?
The main privacy law is Ley 25.326, passed in 2000. It covers personal data held in any file or database in Argentina, public or private. There is no size threshold, no revenue threshold, and no duty to appoint a local representative. The law does not clearly say it reaches a foreign company with no presence in Argentina, and in practice the regulator has acted against local subsidiaries of global firms rather than against foreign entities directly.High confidence
Can the data leave the country?
Yes, with paperwork. The rule is that personal data may not go to a country that does not protect it well enough. The regulator publishes a list of countries it accepts, and for everywhere else you sign its model contract with the receiver. We looked for industries that must keep data inside Argentina - banking, payments, insurance, securities, health, telecoms, government cloud and mapping - and found none as of 18 August 2026.High confidence
What do I have to do to send it abroad?
The model is an approved-destinations list, and it is populated today with about a dozen places, including the whole European Union. If your destination is not on it, use the regulator's published model contract - two versions, one for handing data to another company that decides how to use it and one for a supplier processing it for you. Using the published wording needs no permission. If you change the wording, you must file the contract with the regulator within 30 days of signing.High confidence
Who enforces this — and are they actually working?
The Agency for Access to Public Information, known by its Spanish initials AAIP, enforces both privacy and freedom of information. It is real and working: it has a named head, it publishes a register of final penalties that was updated on 3 July 2026, it opened a public investigation into debt-collection calls in April 2026, and it chaired an international data-protection committee in July 2026. Its 244 final penalties are mostly small, and more than half are for calling people on the do-not-call list.High confidence
How long must I keep it, and when must I delete it?
Argentina has strong floors and one hard ceiling. Anti-money-laundering rules make banks, insurers, crypto firms, accountants and estate agents keep transaction records and customer files for at least ten years. Clinical records must be kept ten years from the last entry. Banks must keep audit and accounting support data six years and produce it immediately on demand. The ceiling: credit-reporting data may only show the last five years, dropping to two years once the debt is paid.High confidence
What happens when something goes wrong?
There is no general duty to report a data breach in Argentina, checked on 18 August 2026 - the privacy law has no deadline and the regulator's security rules are recommendations, not commands. Finance is the exception and the clock is brutal: banks and registered payment firms must tell the banking supervisor within one hour of an incident happening or being spotted, keep sending updates, and file a closing report within five days.High confidence
What's the trap?
Five things bite people. Answer times are very short: ten days for an access request and five working days to correct or delete. The maximum fine is one hundred thousand pesos, about seventy US dollars, so the real risk is a shutdown order or a criminal case, not the fine. Databases still have to be registered. Publishing a map of Argentina needs government approval first. And a bank cannot run its technology and security management from abroad.High confidence
What's about to change?
Nothing is scheduled to replace the privacy law. A reform bill went to Congress in 2023 and never became law; the regulator is still campaigning for a new one. The dated thing to watch is government cybersecurity: public bodies have about 180 days from 13 May 2026 to have contingency plans and a working alternative data centre, which lands around November 2026, and a new national cybersecurity centre started issuing rules in 2026.Medium confidence
Hardest industry wall
None found.
SpainChecked 18 August 2026
Depends on your industryWork: HighEnforcement: Aggressive
In one paragraph
Spain follows the normal European rule: personal data may leave the country once you have the right paperwork in place. But four named categories of data held by the Spanish state must physically stay inside the European Union, and may only travel further to a country Europe has officially approved. Spain's privacy regulator is one of the busiest in the world.
The catch
The relaxed headline stops being true the moment you touch the electoral roll, town-hall population registers, Spanish tax records or data about users of the Spanish national health service. For those four things a standard European transfer contract is not enough and never will be — the law allows only officially approved destinations. Online gambling, telecoms and any system sold to the Spanish public sector carry their own separate rules.
Does this apply to me?
Yes. A company with no office in Spain is still caught if it offers goods or services to people in Spain or watches what they do online. There is no size or revenue threshold to hide under. If you have no base anywhere in Europe you must appoint a written representative inside Europe, and Spain's regulator will happily deal with that representative instead of you.High confidence
Can the data leave the country?
For most businesses, yes, with paperwork — the ordinary European rules apply and nothing in Spanish law says data must sit on Spanish soil. The exception is sharp. If the data is the electoral roll, a town-hall population register, Spanish tax records, or information about users of the Spanish national health service, the computers holding it must be inside the European Union, and that data may only go outside Europe to a country Europe has officially approved. A standard European transfer contract does not work for those four things.High confidence
What do I have to do to send it abroad?
The model is an approved-list one, run at European level, not by Spain. You may send data outside Europe if the destination country is on Europe's approved list, or if you sign Europe's standard contract, or if your corporate group has approved internal rules. The list is real and populated. Spain adds one twist: if you want to use a home-made contract instead of the standard one, you must get written permission from the Spanish regulator first.High confidence
Who enforces this — and are they actually working?
The Spanish Data Protection Agency, and it is very much awake. Its public decision database held 46,925 decisions when we checked on 18 August 2026, with rulings signed as recently as 12 August 2026. Three regional authorities also enforce, covering public bodies in Catalonia, the Basque Country and Andalusia. Spain's artificial intelligence supervisor is now operating too and met the privacy agency in July 2026 to divide up the work.High confidence
How long must I keep it, and when must I delete it?
Both directions, and they collide. The longest floor is money laundering records: ten years, and the same law then orders you to destroy them. Business books run six years, clinical records at least five years from the end of each course of treatment, phone and internet connection records twelve months, and the taxman can come back four years. In the other direction Spain does something unusual: when someone asks you to delete their data you must not actually delete it, you must lock it away.High confidence
What happens when something goes wrong?
Count three clocks, not one. Everyone has 72 hours to tell the privacy regulator about a personal data breach. Phone and internet providers have only 24 hours under a separate European rule. And if you run something the state treats as an essential service, the cyber clock says report immediately, then send an update within 24 to 48 hours if the incident is critical, or 72 hours if it is very serious, with a final report 20 or 40 days later.High confidence
What's the trap?
Five things that ruin weekends. One: a child can consent at fourteen in Spain, not sixteen, so your global age gate is probably wrong here. Two: 'delete my data' legally means 'lock my data away', so a hard-delete pipeline breaks the law. Three: Spain forces far more organisations to appoint a data protection officer than Europe does, including every school, university, bank, insurer, energy supplier and online gambling operator. Four: misusing someone's personal records is a crime punishable by prison, and companies themselves can be prosecuted. Five: telecoms operators can be ordered to hand over the encryption method they use.High confidence
What's about to change?
The biggest thing is what has not happened. Spain still has not passed the law that brings Europe's new cybersecurity rules into Spanish law, so the old 2018 regime is still what binds — expect that to change and to widen sharply who must report incidents. From 12 January 2027 no cloud provider may charge you to leave or to pull your data out. Watch three switches the government can flip with no consultation: taking over telecoms networks, ordering gambling systems into Spain, and demanding an operator's encryption method.Medium confidence
Hardest industry wall
None found.