New Rules Applicable to Violations of the Data Protection Law

M&A Department - Beretta Kahale Godoy

Regulation No. 7/2005¹ issued by the Personal Data Protection National Office (the "Office") repealing the previous offense regime² (i) approves a new classification and degrees of the penalties imposed by the Office for offenses to Law No. 25326 (the "Data Protection Law") and (ii) creates a registry of offenders of the Data Protection Law (the "Registry").

The Regulation provides for three degrees of offenses:

1. minor offenses, punished with up to two warnings and/or a fine ranging from $1,000 to $3,000;
2. (ii) serious offenses, punished with up to four warnings, suspension from 1 to 30 days and/or a fine ranging from $3,000 to $50,000; and