Argentina
AI behavior law: bot and agent disclosure, crawler and training-data rules, automated-agent transactions, and algorithmic decision-making.
Summary
Argentina presents moderate risk. Codigo Penal Art. 153 bis criminalises intentional unauthorised access to restricted-access computer systems; publicly accessible pages carry implicit authorisation and courts have not applied the provision to public-page scraping. Copyright Law 11.723 uses a closed list of exceptions (no fair use, no TDM exception). No sui generis database right; compilations enjoy only thin originality-based copyright. Data protection is fast-moving: Law 25.326 (in force since 2000, EU-adequate) is substantively outdated. Multiple GDPR-alignment reform bills (S-0644/2025, 1948-D-2025, 0904-D-2025, S-0968/2025) were introduced in 2025; as of May 2026 none have been enacted. A separate 2024 bill (5065-D-2024) proposes raising Art. 153 bis penalties but has also not been enacted. Argentina retains EU adequacy status following the January 2024 Commission review. No unfair-competition data-doctrine enforcement has been observed. Overall posture is permissive for public-page crawling; personal-data and copyright caution required.
Automated-access legality
Carried forward from the crawler-law index. Governs whether automated clients may access public websites in this jurisdiction.
| Dimension | Value |
|---|---|
| Authorization test | without permission |
| Public-page carve-out | unsettled |
| Terms-of-service browsewrap enforceable | notice dependent |
| Terms-of-service clickwrap enforceable | yes |
| Copyright exception model | closed list |
| Text and data mining — commercial status | prohibited |
| Text and data mining — opt-out mechanism | none |
| robots.txt legal weight | non binding notice |
| AI training-specific law | none |
| Privacy regime | Law 25.326 (PDPA); GDPR-alignment reform bills pending as of May 2026 |
| Trespass to chattels | not recognized |
Last reviewed: 2026-05-24. Confidence: medium. Fast-moving area — verify before relying. Not legal advice.