Argentina: Can Smart Contracts be Nullified?

The draft of the new Argentine Data Protection Law states that “The owner of the data shall have the right not to be the subject of a decision based on only in automated data processing, including profiling, that produces legal effects on him or affects him significantly in a similar way. However, the owner of the data may not exercise the right referred to in the preceding paragraph if the decision:

  • is necessary for the conclusion or execution of a contract between the owner of the data and a data controller;
  • It is authorized by law;
  • It is based on express consent.

Under this interpretation it would seem that smart contracts, if explicitly legally consented to, would be valid. However, smart contracts that affect a person legally that are not consented to would not be valid. Note that this Draft Bill has not yet passed in the Argentine Congress as of June 29, 2018.


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