Argentina Senate reviews automated company bill

Several civil society organizations asked Argentina’s Senate to hold a public hearing before taking up the reform of the General Companies Law that would introduce the concept of "automated companies." Their request centers on the possible impact on Law 27.401 on Corporate Criminal Liability and on corporate compliance regimes.

What changed in the Senate debate?

The discussion was shaped by an announcement from the ruling coalition in the General Legislation Committee on Aug. 19, when Patricia Bullrich said changes would be added to the bill to require automated companies to have at least one responsible natural or legal person. That definition ruled out structures with no identifiable human behind them.

The civil society paper argues that the bill does not explain how Law 27.401 would apply if the unlawful act were carried out by an autonomous algorithm. It also says the text does not require any minimum level of traceability or explainability for so-called automated companies.

Another independent report described the bill as defining these companies as entities able to carry out their corporate purpose through autonomous algorithmic systems or AI agents, with no employees under ordinary employment contracts for daily operations. Against that backdrop, the debate has shifted to who would be liable and how any criminal or corporate violation would be classified.

What are Tucumán, Buenos Aires and Salta doing?

The three provinces are moving forward with different bills, all tied to state oversight of digital environments, online risks and the protection of minors. Tucumán already has a favorable committee report for a law to protect children and adolescents in digital environments, Buenos Aires advanced the so-called Ema Law, and Salta is continuing with a legal framework against illegal betting by minors.

In Tucumán, the Legislature’s Science and Technology Committee issued a favorable report on a provincial bill that would create an Observatory of Digital Environments within the Legislature. The proposal sets a 180-day deadline for implementation once the law is enacted.

In the province of Buenos Aires, the bill on Prevention and Comprehensive Response to Digital Violence in Educational Settings, known as the Ema Law, received a favorable report in the General Legislation Committee of the provincial Chamber of Deputies. It is now eligible for floor debate in the first regular session after the winter recess, scheduled for Aug. 27. The proposal includes mechanisms for prevention, detection and intervention in cases of cyberbullying, harassment on social networks and nonconsensual sharing of intimate images, along with protocols to preserve evidence and coordinate with specialized agencies.

In Salta, the Senate is moving ahead with a revised bill aimed at blocking minors’ access to illegal betting. According to legislative and provincial coverage, the text calls for ongoing awareness and prevention campaigns, regulates advertising aimed at minors through digital media, adds facial biometric authentication linked to RENAPER, blocks gaming sites on Wi-Fi networks in schools and public spaces, and imposes operational restrictions on digital wallets. It also would add Article 85 bis to the provincial Misdemeanor Code, with fines of up to 120 days for those who disseminate or promote games of chance aimed at people under 18.

Another proposal in the same province seeks to ban the display, promotion, publication and advertising of games of chance, casinos, betting houses and online platforms on property and vehicles belonging to the provincial government.