Through Resolution 198/2023 dated October 18, 2023, the Access to Public Information Agency (hereinafter, the "APIA"), in its capacity as enforcement authority of the Personal Data Protection Law No. 25,326, approved new model contract clauses for international personal data transfers (hereinafter, the "IPDT"). The referred model contract clauses mainly govern the relationships between controller/controller and between controller/processor in IPDT and are included as an annex in the "Implementation Guide on Model Contract Clauses for International Personal Data Transfers", drafted by the Ibero-American Data Protection Network, which is an integral part of the aforementioned resolution.

Considering the evolution of personal data protection legislation, the significant growth of cross-border data flows and their impact on the global economy, the purpose of the resolution is to contribute to regulatory convergence to achieve adequate protection of personal data, following globally accepted standards, providing tools, simplifying procedures, and establishing minimum common grounds that enhance trust between the different countries.

The model contract clauses are a set of clauses previously approved by the APIA that allow companies and organizations wishing to transfer personal data internationally to comply with the regulatory framework applicable to IPDT when one of the States involved does not have adequate IPDT legislation. The model contract clauses thus prevent the need for the parties involved to negotiate individual agreements, which would then need to be approved by the APIA.

Finally, the resolution states that the new model contract clauses are compatible with the standard contractual clauses relating to international personal data transfers for the assignment and provision of services, approved by DNPDP Provision No. 60/2016 (as amended by APIA Resolution No. 34/2019).