| Name | Law or Code? |
|---|---|
|
The Civil and Commercial Code of the Argentine Republic ('CC Code') |
Code |
|
The Commercial Loyalty Law (Law number 22,802 as amended) |
Law |
|
Customers' Protection Law (Law number 24,240 as amended) |
Law |
|
Personal Data Protection Law (Law number 25,326 as amended) |
Law |
| Decree 961/2017 and Resolution 915/2017 (of the Secretariat of Commerce modified the regulations of the conditions for those who organizse or promote contests, draws and sweepstakes with the aim of simplifying certain formalities) |
Law |
Last modified 8 Jan 2019
Yes. Even when a chance-based game or skill-based contest is solely online and no promotion takes place in Argentina, if it is open to Argentinean residents, it will be subject to the laws of our countrArgentinay. As a consequence, national regulators might enforce rules against organiszers/companies operating abroad.
Last modified 8 Jan 2019
Yes, but ensure that:
The purchase of a product or service is not a requirement in order to be able to participate in the promotion; the elements required to enable a person to participate should be made available for free to anybody willing to participate;
No element of chance should be used to determine the winner of the promotion;
The Rules are available in Spanish; and
You disclose information regarding prizes, territorial scope and participation requirements.
Last modified 8 Jan 2019
Yes, but ensure that the purchase of a product or service is not a requirement in order to be able to participate in the promotion. The elements needed to enable a person to participate must be made available for free to anybody willing to participate.
Last modified 8 Jan 2019
The terms and conditions of the promotion must be made available to the public and the process through which the winners shall be determined needs to be clearly established, including dates and place where the process will take place. It is suggested that the process be supervised by a Notary Public.
If the awards are to be determined by chance, the mathematic adjudication used to determine the winner needs to be provided; if this is not possible, an approximate estimation of it needs to be provided.
The names of the winners shall be published within ten (10) days, counted from the end of the promotion, by the same media used to promote the contest/promotion.
The terms and conditions should indicate date and place where the prizes will be delivered.
Last modified 8 Jan 2019
There are no legal requirements in relation to judges and judging in skill competitions. However, the judging criteria should be clearly stated within the Rules and it´s advisable to include the list of judges.
Last modified 8 Jan 2019
Prizes awarded must be as described in their marketing communications, or reasonably equivalent to the description.
No forbidden and/or illegal goods should be awarded as prizes.
Last modified 8 Jan 2019
Note that in February 2018, the government of Argentina dissolved the National Lottery (LNSE). As a result, at least for now, Argentina no longer requires sweepstakes and contests to be registered. Prior to the dissolution, only promotions/contests in which the winners were totally or partially determined by chance – involving prizes greater than 6,666 Pesos (approx. US$148) – needed to be registered with LNSE and had to meet all the applicable requirements.
With regard to skill-based contests, they do not require registration. However, the Official Rules must conform to local law. When a prize is awarded to a winner selected by chance a 31% special tax is levied. If the prize is cash, the entity awarding it must withhold and pay for the tax. If the prizes are goods the beneficiary must provide the entity awarding the prize the amount of money requested to pay for the special tax. Specific provincial taxes may apply in different jurisdictions.
Last modified 8 Jan 2019
Promoters must provide certain and detailed information in relation to the prize promotion, including the essential characteristics of the prizes offered, and any other relevant terms.
Conditions expressed in advertisements, brochures, circular letters or any other media are considered to be included in the contract concluded with the consumer, as binding terms.
In such respect, Organiszers must comply with the requirements as established by Decree 961/2017 and Resolution 915/2017 of the Secretariat of Commerce.
Last modified 8 Jan 2019
For chance-based promotions, time is required to request the permit from the Provinces that regulate contests/promotions at a local level. Time and costs involved may vary depending on the Province.
Note that Provinces regulating promotions/sweepstakes at a local level can be excluded in order to avoid compliance with local regulations.
Last modified 8 Jan 2019
Yes, the terms and conditions must be provided in Spanish.
Last modified 8 Jan 2019
According to the Commercial Loyalty Law, the penalties for non-compliance are the following:
According to the severity of the breach, and if it is convenient, publication of a notice of the penalty in the same media may occur.
In case of fraud, criminal actions may be initiated.
Last modified 8 Jan 2019
Due to the recent dissolution of the National Lottery there are only a few restrictions on prize promotions in Argentine national regulations. However, as previously mentioned, some provinces like Mendoza, Córdoba, Salta, Neuquén and Tierra del Fuego have their own local regulations. In addition, forbidden acts under the Competence Defense Law must be avoided. Advertisements that contain false indications, lead or could lead to mistake and/or are abusive, discriminatory, or lead the consumer to behave in a dangerous or harmful way, must be avoided as well.
Last modified 8 Jan 2019
Fines and prison sentences are rarely imposed.
Generally, in cases of breach, a complaint is submitted to the Consumer's Defense Office, where a monetary sanction can be applied to the non-compliant entity, and it can also be requested that the misleading advertisement be deleted.
Last modified 8 Jan 2019
Is time required to ensure compliance (other than reviewing the terms and conditions)?
For chance-based promotions, time is required to request the permit from the Provinces that regulate contests/promotions at a local level. Time and costs involved may vary depending on the Province.
Note that Provinces regulating promotions/sweepstakes at a local level can be excluded in order to avoid compliance with local regulations.
Last modified 8 Jan 2019
