On March 11, 2026, Provision No. 377/2026 (the “Provision”) issued by the Undersecretariat for Consumer Protection and Fair Trade was published in the Official Gazette of the Argentine Republic. This Provision replaced the Annex to Resolution No. 53/2003 and introduced an updated list of unfair clauses in consumer contracts.
In summary, the list of clauses considered unfair includes the following:
– Clauses that grant the supplier exclusive power to interpret the contract, unilaterally modify it, terminate it without cause or without any breach by the consumer, or condition its entry into force on the supplier’s own approval.
– Clauses that limit the consumer’s access to justice or the exercise of their rights, condition contract termination on prior debt repayment, or impose a representative or agent to act in place of the consumer in exercising their rights.
– Clauses that exclude or limit the supplier’s liability for damages caused to the consumer, suppress or reduce warranty obligations, or allow the supplier to delegate performance to a third party when the supplier was chosen based on personal qualifications.
– Clauses that allow the offsetting of the consumer’s debts with amounts paid under another contract without express legal authorization, and those that provide for interest capitalization outside the parameters established by Section 770 of the Argentine Civil and Commercial Code.
– Clauses that authorize the supplier to provide products or services not included in the contract without the consumer’s prior consent.
– Clauses that violate environmental protection regulations or enable their violation.
– Clauses that exclude, restrict, or undermine consumer rights based on age, gender, health conditions, or other social, economic, or cultural circumstances.
– Clauses that limit the right of withdrawal in distance contracts, consider a contract concluded merely through website browsing, or establish discriminatory and detrimental treatment between in-person and distance contracts.
– Clauses that provide for the use and storage of consumer data outside the framework of Law No. 25,326 on Personal Data Protection and its implementing regulations.
– Clauses that impose prohibitions or penalties on consumers for posting negative reviews about the contracted product or service.
– Clauses that transfer the consequences of force majeure or unforeseen events to the consumer, or prevent them from invoking doctrines such as hardship or frustration of legitimate contractual expectations.
The Provision entered into force on the date of its publication.
