Is It Legal to Use WhatsApp Number Lists in Argentina? A Guide for Businesses

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shapanwwuopi
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Is It Legal to Use WhatsApp Number Lists in Argentina? A Guide for Businesses

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Using WhatsApp number lists for marketing in Argentina is subject to strict data protection laws. The Personal Data Protection Law No. 25.326 (PDPL) governs the collection and use of personal data, including phone numbers, for marketing purposes.

Legal Basis for Processing Personal Data
Under the PDPL, processing personal data is lawful only when:

The data subject has provided prior, express, and informed consent.

The data was collected from publicly accessible sources.

There exists a legal obligation or contractual relationship.

The processing is necessary for the performance of a contract.

The processing is justified by legitimate interests, provided argentina whatsapp number data override the rights of the data subject.


Consent must be explicit, informed, and obtained before data collection. It should be specific to the purpose of processing and can be withdrawn at any time without detriment.


Registration and Transparency Requirements
Businesses must register their personal databases with the National Registry of Personal Databases, managed by the Agency for Access to Public Information (AAIP). The registration process requires providing detailed information about the database, including its purpose, data subjects, and retention periods.


Additionally, businesses must inform data subjects about the collection and processing of their data through clear and accessible privacy notices. These notices should include the purpose of data processing, data subject rights, and contact information for the data controller.

Opt-Out Mechanism
Marketing communications must include an opt-out mechanism, allowing recipients to unsubscribe from future communications. This is in line with the "Do Not Call" registry, which enables individuals to block unsolicited marketing calls and messages.
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