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Data protection in Argentina and AI agents on WhatsApp: what Law 25,326 requires
What Argentina’s Law 25,326 requires when an AI agent serves customers on WhatsApp: prior notice, consent, deadlines for data rights and the AAIP.
What does Argentina’s personal data law require if an AI agent serves my customers on WhatsApp?
Law 25,326 on the Protection of Personal Data applies in full when an AI agent is the one answering. Before collecting data you must state expressly and clearly why you ask for it, who the controller is and how people can exercise their rights (article 6). Consent must be free, express and informed, in writing or by an equivalent means, with exceptions such as data needed for a contract (article 5). Access requests are answered within 10 calendar days and correction or deletion within 5 business days. When a decision with adverse effects is made solely by automated means, the AAIP recognizes the right to ask for an explanation of its logic. This is not legal advice.
Argentina has had a personal data law since 2000. Law 25,326 was regulated by Decree 1558/2001, and its enforcement authority is the Agency for Access to Public Information (AAIP). If your business serves customers on WhatsApp with an AI agent, the law applies just as if a person were replying: processing covers electronic or non-electronic operations used to collect, store or communicate data (article 2).
Who is who?
The law calls the owner of the database the controller and separately regulates computerized data services: whoever processes data on behalf of someone else may not use it for a purpose other than the one in the service contract (article 25). Decree 1558/2001 adds that the contract must set the security levels. If your company runs its agent on a platform, your company is the controller and the platform provides the service.
What does the law require in a conversation?
| Obligation | Article | In a chat with an agent |
|---|---|---|
| Inform before collecting data | 6 | Purpose, who the controller is and how to exercise rights, at the start |
| Consent | 5 | Free, express and informed, in writing or an equivalent means, with exceptions |
| Sensitive data | 7 | No one can be forced to give it: the agent does not demand it |
| Security | 9 | Technical and organizational measures, at the provider too |
| Sharing data with a third party | 11 | Prior consent of the data subject |
| Transferring data abroad | 12 | To countries with adequate protection, or with express consent |
| Access | 14 | Answer within 10 calendar days |
| Correction, update or deletion | 16 | Within 5 business days |
| Registering the database | 21 | Private databases meant to provide reports go to the AAIP registry |
| Advertising | 27 | Withdrawal or blocking at any time, stated in each message |
Article 6 spells out what is disclosed: the purpose and who may receive the data, the existence of the database and the controller’s identity and address, whether answering is mandatory or optional, the consequences of giving or refusing the data, and the option to exercise access, correction and deletion.
What changes when an AI agent is the one replying?
Three points weigh more than the rest:
- Automated decisions. AAIP Resolution 4/2019 set binding guiding criteria. Its criterion 2 says that, when the controller makes decisions based solely on automated processing that produce adverse effects for someone, that person may ask for an explanation of the logic applied. If your agent decides something with consequences, such as turning down a request, that decision should go through a person.
- Data leaving the country. An AI agent usually relies on providers in other countries. Article 12 bans transfers to countries without adequate protection, with exceptions such as the data subject’s express consent. Say it in your notice; do not take it for granted.
- Advertising on the same channel. If you later use WhatsApp for promotions, each advertising message must state, expressly and prominently, that the person can ask for their data to be withdrawn or blocked.
How Meteor does it
- Roles in writing. Meteor’s Terms state that the customer is the Controller and Meteor the Processor, handling data only under the customer’s documented instructions (clause 16.1). The customer obtains the data subjects’ authorization, including the one covering AI model providers located outside the country (clause 16.2), and clause 16.6 says data may be processed in the United States and other jurisdictions.
- You tell the Met how to greet. The Met’s prompt is content in your workspace: that is where you instruct it to state the purpose in the first message and link your privacy policy.
- The record, on the contact. The Met can leave a note or a tag on the contact in the CRM with what they were told and when. Do not rely on the history alone: clause 17.1 of the Terms keeps conversation records while the account has an active plan and for up to 30 days after, unless the law requires another period or you configure a different retention.
- Opting out of advertising. Broadcasts leave out contacts whose «Suscrito» (subscribed) field is off on their profile. If the person stops promotions from WhatsApp, the contact is marked that way on Meta’s first rejection, without anyone removing it by hand.
- Handing over to a person is a Met tool: an access or deletion request, or a decision that should not rest on the agent alone, goes to your team. The WhatsApp agent page explains how that happens without losing context.
The Argentina page (in Spanish) shows the connections available in the country. What Meteor does not do for you: write your policy, register your database with the AAIP or answer an access request. That stays with the controller.
What this is not
This is not legal advice. The law and its decree are cited by article from their consolidated text on InfoLEG, accessed on October 28, 2026. There are bills to replace Law 25,326: before adjusting your policy, confirm the rule in force with a lawyer in Argentina.
The limits
What this article does NOT answer
We would rather say it here than leave you hunting for something that is not there.
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It is not legal advice and does not replace a review of your privacy policy by a lawyer in Argentina. It cites the articles so you know what to check.
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It does not cover the bills that seek to replace Law 25,326. When consulted, InfoLEG listed no rule repealing it; if one is passed, this guide becomes outdated.
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It does not cover the national Do Not Call registry under Law 26,951. That law speaks of telephone services and does not mention messaging; if you make sales calls, review it separately.
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It does not cover fine amounts: article 31 keeps the nominal amounts from 2000 and the current scale is set by the AAIP.
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It does not discuss Colombia or Mexico: there, Law 1581 of 2012 and the 2025 federal law apply.
Keep going
What this article mentions, in detail
The integrations, the Mets and the automations named above, each with its own page.
- Section
WhatsApp AI agent
The WhatsApp agent page explains when a Met hands over to a person, which is the route for an access or deletion request, or for reviewing an automated decision.
- Integration
CRM de Meteor
The CRM keeps the contact with its notes, tags and «Suscrito» (subscribed) field, which is where the record of what they were told, and of any opt-out request, lives.
- Integration
Mercado Pago
Collecting with Mercado Pago keeps card data out of the chat: payment happens in Checkout Pro, which reduces the financial data your agent handles.
- Industry
WhatsApp Customer Support
The WhatsApp customer service solution shows the flow where the data of whoever writes in is collected and when a person steps in.
Where it comes from
Sources
Everything this article claims that we did not measure ourselves, with its origin.
- Law 25,326 on the Protection of Personal Data, consolidated text (accessed 2026-10-28) InfoLEG, Argentina’s Ministry of Justice
- Decree 1558/2001, regulations of Law 25,326 (accessed 2026-10-28) InfoLEG, Argentina’s Ministry of Justice
- AAIP Resolution 4/2019, guiding criteria, annex (accessed 2026-10-28) Agency for Access to Public Information, via InfoLEG
- Decree 746/2017, the AAIP as enforcement authority of Law 25,326 (accessed 2026-10-28) Argentina.gob.ar, Legislation
Frequently asked
Questions on this topic
The Agency for Access to Public Information (AAIP). Decree 746/2017 made it the enforcement authority of Law 25,326, and Decree 899/2017 recognizes it as the supervisory body.
It depends on what you use their data for. Article 5 requires free, express and informed consent, but not when the data derive from a contractual relationship and are needed to fulfill it. Answering their question and delivering their order falls there; sending them promotions later is a different purpose, and it is wise to ask for it separately.
Ten calendar days for access (article 14) and five business days to correct, update or delete (article 16), counted from a request made in a verifiable way. Access is free when requested at intervals of at least six months.
Article 27 allows data to be processed for advertising when the data subject provided it or consented, and gives them the right to request withdrawal or blocking at any time. Article 27 of Decree 1558/2001 requires every remote advertising message to state that option expressly and prominently. WhatsApp also requires the person to have agreed to receive messages from your business.
Article 12 bans transfers to countries without an adequate level of protection, and article 12 of Decree 1558/2001 clarifies that the ban does not apply when the data subject expressly consented to the transfer. Meteor’s Terms state that data may be processed in the United States and other jurisdictions, so that authorization belongs in what you tell people.
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