The new Civil and Commercial Code refers to advertising – including comparative advertising – in the context of the rules concerning consent in consumption agreements. From a legislative viewpoint, this does not appear to be the most advisable perspective, as comparative advertising – the most important effects of which concern competitor companies, rather than consumers – is central to the regulation of advertising.
With the development of the Internet, existing legal regulations have often been rendered obsolete, presenting situations for which there is no appropriate legal rule or regulation. Each case must therefore be assessed individually, applying the general rules of the Civil Code and, in particular, those regulating fault-based liability. The court of appeals recently examined the liability of search engines for the content of third-party websites.
The Argentine software industry is ripe for consolidation and further penetration in today's globalised world. A combination of factors gives this sector the potential to expand its international presence. However, this is likely to necessitate consolidation of the existing 1,600 software companies.
Under Resolution 432/2011 the federal regulator of communication services (AFSCA) has approved the bid conditions for the granting of licences for individuals and corporate entities for the installation and exploitation of audiovisual services by subscription through a physical link or satellite. It may be advisable to review the resolution and its contents before purchasing the bid conditions.
The National Lottery State-Owned Corporation recently enacted Resolution 17/11 on games of chance, for the organisation of contents, drawings and competitions. The resolution introduces new requirements for granting the annual authorisation, approval and accounting and closure of the promotions. Enterprises that have annual authorisations will be provided with a 30-day period to regularise their situation.
The Internet frequently renders existing legal regulations obsolete, generating situations for which there is no appropriate legal rule or even cases where there is absolutely no legal regulation. When a singer filed a complaint against web search engines for linking to websites that associated her image or name with sexual content, the court was faced with new liability issues which are not yet subject to any specific regulation.
Approval of the 2004 acquisition of Movicom Bellsouth by Telefónica Móviles SA was conditional upon the return of 35 megahertz (MHz) of the spectrum to the government. In December 2005 a resolution was passed setting out a timetable for the return of the 35MHz on a progressive basis by geographical area.
New regulations on the interception of communications, dubbed the 'spy law', have attracted widespread criticism. The most controversial duty imposed on providers is to register all 'telecommunications' traffic as defined by a new decree, which broadens the term to include data transfer and value added services involving the Internet and emails.
A new decree envisages that every telecommunications service provider should have the necessary resources to capture and transfer the communications it transmits so that the judiciary or Ministry of Justice may use them to combat crime, and should also systematize its subscriber information.
The purpose of the new Data Protection Law is to guarantee the protection of data contained in files, registries and databases, and to protect the rights of privacy and access to information.
Including: Legal Background; The Decrees of 1998; The New Regulations; Satellites; Broadcasting
Including: Computer Software; Database; Business Methods; Trade Secrets; Personal Data; E-mail; Domain Names