Argentina’s Cross-Border Data Transfer Regulation
The Framework
Argentina’s regulation requires that data subjects consent to international transfers and be informed of the recipient’s identity, with limited exceptions for matters like public health, official state agency collaboration, and certain financial transactions. Transfers to countries deemed not to provide adequate data protection are banned unless the individual data subject expressly consents or other narrow conditions are satisfied. Effectively, Argentina’s rules make it harder for foreign companies to move data freely across borders by requiring them to meet stringent local privacy standards or isolate sensitive data locally.[1]
Implications for U.S. Technology Companies
Because large U.S. technology firms often rely on global networks to deliver seamless services, they face added legal costs and operational constraints under Argentina’s strict framework. These rules can force them to set up localized data infrastructures or gain repeated user consent that slow down innovation. Over time, these hurdles reduce the competitiveness of U.S. providers, since they either pass along compliance costs or limit access to services.[2]
How China Benefits
When Argentina’s measures constrain top American digital companies, Chinese firms can leverage state support and pivot more easily to comply with local requirements. By filling gaps in Argentina’s tech landscape, they can solidify relationships with local governments, gain valuable market share, and extend their ecosystem in a region where American competitors are mired in regulatory challenges. This dynamic allows China to strengthen its foothold in international digital markets while U.S. rivals navigate costly compliance.
Endnotes
[1] DLA Piper, “Data Protection Laws of the World,” accessed February 24, 2025, https://www.dlapiperdataprotection.com/?t=transfer.
[2] Robert D. Atkinson and Nigel Cory, “Cross-Border Data Policy: Opportunities and Challenges,” in Consensus or Conflict? China and Globalization in the 21st Century, edited by Huiyao Wang and Alistair Michie (Singapore: Springer, 2021), 217–232.