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AML & Financial Services Regulatory

Argentina: Transactions performed with cards

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In brief

By means of Resolution No. 87/2024 (“Resolution“), the Secretariat of Commerce (“Secretariat“) established that businesses that operate with purchase, debit or credit cards must make the electronic payment terminal available to consumers. This is to ensure that they do not lose control of their card during the transaction.

In focus

The Secretariat published the Resolution in light of the large number of cyber frauds and scams resulting from the capture of data of credit, purchase and debit cards.  The Resolution obligates commercial establishments to carry out their transactions in a manner that consumers are not deprived of their card until the transaction is completed.

Businesses have 180 days from 12 March 2024 to comply with the Resolution. Otherwise, they could be subject to the sanctions established by Consumer Protection Law No. 24,240.

With this Resolution, the Secretariat seeks to minimize the risks arising from the use of card systems, which according to official reports has given rise to 7000 complaints before the National Consumer Protection Authority in 2023.

Click here to read the Spanish version.

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Author

Guillermo Cervio is a partner in Baker McKenzie’s Buenos Aires office. With more than 30 years of experience, he is recognized as a foremost practitioner in his field. He founded the IT/C team in Argentina and was the coordinator of the LatAm IT/C team from 2008 to 2017. He is currently a member of the Steering Committee of Baker McKenzie LatAm’s IPTC team.
Guillermo has authored books and articles on legal matters. He has won awards for his book “Derecho de las Telecomunicaciones” (National Academy of Law - Mención de honor, 1998, and Austral University - premio tesina,1997) as well as for the paper he filed in the IX National Congress on Corporate Law (Tucumán, 2004). He has been a professor at the University of Buenos Aires, Austral University, Palermo University, Catholic University and CEMA. In 2003, he was awarded the Folsom fellowship grant by the Center for American and International Law in Dallas.

Author

Martín Roth is a partner in the M&A, Real Estate and TMT practice groups in Baker McKenzie's Buenos Aires office. Martín has more than 13 years of extensive transactional domestic and international experience, focusing on the real estate and TMT industries. Prior to joining Baker McKenzie, he worked as a trainee lawyer on the Corporate, Banking/Finance and Litigation areas with a local law firm in Argentina. From 2007 to 2012, he worked in Baker McKenzie's Buenos Aires office. From 2013 to 2016, he worked as an independent attorney at another law firm. Martín rejoined the Buenos Aires office in 2016 and was named partner in July 2019.

Author

Agustin Gastaldi is a Senior Paralegal in Baker McKenzie, Buenos Aires office.

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