Browse topics

  • Governing law
    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

    Note: Prize promotions regulations in Argentina are the responsibility of each province. Argentina is subdivided into twenty-three provinces (provincias) and one autonomous city, the City of Buenos Aires.  Even though the provinces and the City of Buenos Aires exist under a federal system, they have their own constitutions, and local regulations. Organisers/sponsors must be aware of the applicable legislation for the provinces included within the territory.

    Last modified 8 Jan 2019

  • Extra-territoriality

    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

  • Skills competitions

    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

  • Prize draws

    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

  • Selection of winners

    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

  • Judges

    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

    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

  • Registration requirements and fees

    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

  • Other local requirements

    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

  • Timing

    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

  • Translations

    Yes, the terms and conditions must be provided in Spanish.

    Last modified 8 Jan 2019

  • Penalties for non-compliance

    According to the Commercial Loyalty Law, the penalties for non-compliance are the following:

    • Fines from AR$500 (approximately US$11) to AR$ 5,000,000 (approx. US$111.000);

    • Suspension for up to 5 years from the providers registries that allow promoters to conclude contracts with the State;

    • Loss of concessions, tax or special credit benefits;

    • Closure of the facility for up to 30 days.

    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

  • Restrictiveness of regulations

    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

  • Regularity of sanctions

    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

  • Key contacts
    Ignacio J. Randle
    Ignacio J. Randle
    Partner Estudio Randle [email protected] T +54 11 5252 0700
    Alejandro M. Massot
    Alejandro M. Massot
    Partner Estudio Randle [email protected] T +54 11 5252 0700

Translations

Are the terms required to be translated by law?

Argentina

Argentina

Yes, the terms and conditions must be provided in Spanish.

Australia

Australia

No (for all states and territories).

Austria

Austria

For promotions aimed at consumers, the terms and conditions must be in German.

In respect of business-to-business promotions, the use of German language is highly recommended but not mandatory.

Belgium

Belgium

Yes, Dutch and French language versions are required if the prize promotion targets consumers.

Brazil

Brazil

All documents that are mandatory to request the Authorization Certificate must be presented in Portuguese, as well as all information disclosed to consumers / participants.

Canada

Canada

Yes, all relevant documentation must be translated into French if the contest will be open to Québec residents.

Chile

Chile

Yes, terms and other documents of competitions should be translated into Spanish (Law on the protection of consumer rights).

China

China

The laws and regulations are not specific or clear on whether the terms and conditions have to be translated into simplified Chinese. However translation of the terms and conditions into simplified Chinese is the preferred approach to avoid misunderstanding between promoters and participants. Also translation is recommended if:

  • The terms and conditions work as a privacy policy for personal data processing, they are required to be easily understood; and

  • There is any dispute, local courts/arbitral tribunals would require evidence in simplified Chinese and the terms and conditions may be used as evidence. 
Colombia

Colombia

All terms and conditions must be presented in Spanish. Additionally, when applying for an authorization before Colombian authorities, all documents must be in Spanish.

Czech Republic

Czech Republic

Yes. The terms and conditions and other documents relating to the prize promotion must be translated to Czech whenever the prize promotion is directed at consumers.

Denmark

Denmark

Translation is not required by law, but terms and conditions for participation in the prize promotion must be clear, unambiguous and easily accessible. We therefore highly recommend that the terms and conditions are in Danish or English.

Finland

Finland

Although translation is not required by law, the terms and conditions for participating in the prize promotion must be clear, unambiguous and easily accessible. In practice, this means that the terms and conditions for the promotion must be available in the Finnish language.

France

France

Yes, into French (August 4, 1994 Law).

Germany

Germany

Supporting terms and conditions must appear in German in order to be clear and unambiguous for participants in Germany.

Hong Kong

Hong Kong

None required.

Hungary

Hungary

Supporting terms and conditions should appear in Hungarian in order to be clear and unambiguous for participants in Hungary.

India

India

None required. However, the preferred approach in India is to have the terms and conditions translated into English.

Ireland

Ireland

None required.

Italy

Italy

Terms and conditions must be provided to participants in Italian.

Japan

Japan

None required. However, as general Japanese consumers may not fully understand the terms in English or any other foreign languages, it is recommended that the terms be translated into Japanese.

Luxembourg

Luxembourg

No. There is no requirement as such. However, it is generally advisable to have the terms translated in one of the three official languages of Luxembourg, namely French, German or Luxembourgish.

Mexico

Mexico

There is no specific requirement to have the promotions or prize draws terms and conditions written in Spanish.

However, please note that the Consumer Law indicates that the promotional material of products must be written in Spanish (Art. 34).

Netherlands

Netherlands

Not required (but recommended in Dutch).

New Zealand

New Zealand

None required.

Nigeria

Nigeria

No requirements under the law.

Norway

Norway

None required.

Poland

Poland

Yes.

The terms and conditions and other documents needed to enter the prize promotion must be translated to Polish when the prize promotion is directed to consumers.

Portugal

Portugal

Yes, translation into Portuguese is required.

Romania

Romania

GO 99/2000 does not clearly provide for the competition rules to be translated in Romanian. However, it is advised because of the requirement to get competition rules authenticated and to comply with consumer protection legislation which requires full and correct information to be provided to consumers.

Russia

Russia

While there is no express legal requirement for the terms to be translated into Russian, having such translation in place is highly advisable. The organizer may face various issues and even potential legal disputes relating to consumers misunderstanding of the terms if it is not translated into Russian.

Saudi Arabia

Saudi Arabia

The ACFR does not stipulate that the terms of the promotion/competition must be in Arabic. We usually recommend that dual-language terms and conditions (Arabic and English) are provided.

Submissions to the competent authorities for a license are also to be submitted in Arabic, and in any event such authorities may require that the terms and conditions of the promotion/competition include an Arabic translation.

Singapore

Singapore

None required.

South Korea

South Korea

None required.

Spain

Spain

Spanish law requires the terms of the competition be drafted at least in the Spanish language. In regional promotions, regional language translations may be mandatory as well (or strongly recommended).

Sweden

Sweden

There is no express legal requirement to translate the terms and conditions. However, the promoter is liable for ensuring that the participants understand the terms and conditions. Given that is the case, the preferred approach in Sweden is to translate the terms and conditions into Swedish.

Thailand

Thailand

The License application forms and all supporting documents must be in Thai.

Turkey

Turkey

If the promotion targets Turkish citizens, the terms and conditions must be prepared in Turkish and understandable for the Turkish participants in order for the contest/draw to be in compliance with Turkish Consumer Protection Law.

Ukraine

Ukraine

Currently, Ukrainian legislation does not expressly oblige promoters to translate the terms into Ukrainian language. However, in practice, terms in foreign languages, which are aimed at Ukrainian consumers, should be provided in Ukrainian language. This approach is in line with requirements of consumer protection legislation, according to which any consumer-related information shall be provided to consumers in an accessible manner (i.e. in an understandable way, which, among other things, means use of Ukrainian language as a state language in Ukraine). 

United Arab Emirates - Dubai

United Arab Emirates - Dubai

The terms and conditions of the draw/competition must be translated to the Arabic language, as per the DED requirement.

United Kingdom

United Kingdom

No legal requirement for translation.

United States

United States

Overall Summary

There are no translation requirements, although rules should generally be written in English.