Argentina has a strong software and IT services export sector, well-known wine producers with direct-to-consumer sales in Europe, and tourism businesses marketing to German travellers. These companies routinely do business in English and address customers in Germany and the European Union. Where an Argentine company has no establishment in the EU and targets people there, Art. 27 GDPR requires an EU representative. Kanzlei Matutis, a German data protection law firm, acts as EU representative for Argentine companies for 350 EUR per year. We correspond in English and German.
Does a company from Argentina need an EU representative?
Yes, if it has no establishment in the EU and its processing of personal data relates to offering goods or services to people in the EU or to monitoring their behaviour there (Art. 3(2) in conjunction with Art. 27(1) GDPR). Examples: a Buenos Aires SaaS company with EUR pricing and customers in Germany; a Mendoza winery selling to EU consumers through its own shop; a Patagonia tour operator with a German-language website and remarketing to EU visitors. A Argentine company that already has a subsidiary, branch or office in an EU Member State does not need a representative; that EU entity is the point of contact. The exceptions of Art. 27(2) GDPR (occasional, low-risk processing without large-scale sensitive data; public authorities) are narrow and rarely apply to a business that actively markets to the EU. The full criteria are explained on the page What is the legal situation?.
Argentine data protection law, the EU adequacy decision and Art. 27 GDPR
Argentina’s Personal Data Protection Law (Ley 25.326) is enforced by the Agencia de Acceso a la Información Pública (AAIP). Argentina was the first Latin American country to receive an EU adequacy decision (Decision 2003/490/EC under what is now Art. 45 GDPR), which allows personal data to be transferred from the EU to Argentina without additional safeguards. Argentine companies sometimes conclude from this that the GDPR does not apply to them. The adequacy decision concerns data transfers out of the EU only. It does not limit the territorial scope of the GDPR under Art. 3(2) GDPR, and an Argentine company that offers goods or services to people in the EU, or monitors their behaviour, must appoint an EU representative under Art. 27 GDPR.
What we do as EU representative for Argentine companies
Rechtsanwaltskanzlei Matutis is a German law firm in Potsdam, near Berlin, specialised in data protection law. Under a written mandate pursuant to Art. 27(1) GDPR we act as your point of contact in the EU for all supervisory authorities of the Member States and for data subjects. Letters and emails addressed to us are checked, scanned and forwarded to your contact person without undue delay; we point out deadlines, such as the one-month period for data subject requests under Art. 12(3) GDPR. With a time difference of four to five hours, our afternoon overlaps with your morning, so forwarded mail can usually be discussed the same day. We communicate in English and German. We do not replace your Data Protection Officer and do not take over your compliance decisions; the difference is explained on the page EU representative vs. Data Protection Officer.
Cost for companies from Argentina
The annual flat fee is 350 EUR. Because the service is provided by a German law firm to a business customer outside Germany, German VAT is not charged (reverse charge), so net equals gross. We invoice in EUR; payment by international transfer or by credit card or PayPal is possible. Please instruct your bank so that the full EUR amount is credited. Forwarding of scanned mail by email is included; postal forwarding of originals is charged at 2 EUR per item plus postage. Full details: What does it cost and what is included?
Next step
Send us your company name, website and a short description of your activities in the EU via the inquiry form. We confirm whether a representative is required in your case and send you the contract and written mandate. The complete process is described on the page How to appoint an EU GDPR representative. Other countries: EU representative by country.