{"id":20,"date":"2024-05-27T15:56:03","date_gmt":"2024-05-27T15:56:03","guid":{"rendered":"http:\/\/ubereslegal.com\/?page_id=20"},"modified":"2025-05-13T17:59:25","modified_gmt":"2025-05-13T17:59:25","slug":"consultas-frecuentes","status":"publish","type":"page","link":"http:\/\/ubereslegal.com\/en\/consultas-frecuentes\/","title":{"rendered":"FAQs"},"content":{"rendered":"
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\n \n\t\t<\/span>\n\t\t<\/span>\n\t<\/span>\n\t1. Is Uber legal in Argentina?<\/span>\n<\/h5>\n
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Yes, Uber operates legally in Argentina. The company offers an intermediary platform, connecting two parties that wish to enter into a private transportation contract. This is regulated under Article 1280 and subsequent articles in the Civil and Commercial Code of the Nation. This intermediary platform is not prohibited by any current regulations, therefore it is completely lawful under Article 19 of the National Constitution. In some provinces or municipalities there even exist specific regulations about this activity.<\/p>\n

The Civil and Commercial Code is also a national law, enacted in accordance with Article 75, Section 12 of the National Constitution. This means it takes prevalence over provincial or municipal laws. These jurisdictions can then regulate some aspects of the activity - although this is not essential - but they cannot prohibit it.<\/p>\n

To read more:\u00a0\"Legality\"<\/a><\/p>\n\n\t\t<\/div>\n\t<\/div>\n\t<\/div>\n<\/div><\/div>

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\n \n\t\t<\/span>\n\t\t<\/span>\n\t<\/span>\n\t2. In the jurisdictions where Uber is not regulated, is it illegal?<\/span>\n<\/h5>\n
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No, the absence of regulation can never imply a prohibition. If so, this would go against the constitutional right established in Article 19, which states that no one can be punished for what the law doesn\u2019t prohibit.<\/p>\n\n\t\t<\/div>\n\t<\/div>\n\t<\/div>\n<\/div><\/div>

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\n \n\t\t<\/span>\n\t\t<\/span>\n\t<\/span>\n\t3. Does Uber have to comply with the rules that apply to taxis or private taxis?<\/span>\n<\/h5>\n
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No, Uber\u2019s essence, nature and legal requirements are different to those public and private services offered by taxis and \u2018remises\u2019 (private taxi services). Some differences to note are: a) it is a private service regulated by the Civil and Commercial Code of the Nation; b) vehicles do not need to be painted in specific colours; c) vehicles are not required to wait parked in designated places; d) the process of getting hired takes place through an application; e) there is no need for a taxometer; f) drivers cannot pick up passengers on the street by being hailed, amongst other distinctions. Legal rulings have recognised these distinguishing characteristics at various points.<\/p>\n

To read more:\u00a0\u201cDifferences between Taxis and Uber\u201d<\/a>,\u00a0\u201cIntermediary Platform\"<\/a>\u00a0y\u00a0\u201cPrivate Transportation Service Regulated by the CCCN (Civil and Commercial Code of the Nation)\u201d<\/a>.<\/p>\n\n\t\t<\/div>\n\t<\/div>\n\t<\/div>\n<\/div><\/div>

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\n \n\t\t<\/span>\n\t\t<\/span>\n\t<\/span>\n\t4. Are the drivers who use the platform Uber employees?<\/span>\n<\/h5>\n
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There is no employment relationship between Uber and the drivers that use the app to find potential customers, since there are no typical traits of an employment relationship. The model of the application is characterised by the driver\u2019s freedom to choose their own working hours; to be absent without informing the company; to have complete autonomy over accepting trips, or not, and in determining which route to follow; the absence of exclusivity in their use of similar applications; and that Uber is not a transportation company. In fact, the drivers can use various applications that compete amongst themselves simultaneously. The drivers also may own or rent their vehicle and can even collect fares for trips directly from the passenger, such as in the case of trips paid for in cash.<\/p>\n

To read more:\u00a0\"Right to Work\"<\/a>,\u00a0\"Absence of Employment Relationship\"<\/a>\u00a0y\u00a0\u201cIntermediary Platform\"<\/a>.<\/p>\n\n\t\t<\/div>\n\t<\/div>\n\t<\/div>\n<\/div><\/div>

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\n \n\t\t<\/span>\n\t\t<\/span>\n\t<\/span>\n\t5. Does Uber have insurance?<\/span>\n<\/h5>\n
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The company Uber has insured the trips made through its application with the company\u00a0Galicia Seguros<\/u><\/a>\u00a0La p\u00f3liza cubre al socio conductor y a terceros transportados.<\/p>\n

It establishes a\u00a0specific policy for mobility platforms<\/u><\/a>\u00a0which guarantees continuous coverage from the point a driver accepts a trip until said trip is completed.<\/p>\n\n\t\t<\/div>\n\t<\/div>\n\t<\/div>\n<\/div><\/div>

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\n \n\t\t<\/span>\n\t\t<\/span>\n\t<\/span>\n\t6. Does Uber pay its taxes?<\/span>\n<\/h5>\n
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Yes, the company pays its taxes in accordance with international tax laws and agreements in order to avoid double taxation.<\/p>\n

In Argentina, the \u201cIVA Digital\u201d is applicable to the company, even though its place on the list and possibility of payment depends on the wavering will of the AFIP.<\/p>\n

To read more:\u00a0\"Tax Legality\"<\/a>.<\/p>\n\n\t\t<\/div>\n\t<\/div>\n\t<\/div>\n<\/div><\/div>

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\n \n\t\t<\/span>\n\t\t<\/span>\n\t<\/span>\n\t7. Is special authorisation required to drive with Uber?<\/span>\n<\/h5>\n
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It depends on each jurisdiction. In jurisdictions where a specific regulation exists that requires authorisation, yes, it is necessary. In others where this specific regulation does not exist, no authorisation is necessary as long as the Civil and Commercial Code of the Nation does not require it.<\/p>\n

To read more:\u00a0\"Private Transportation Service Regulated by the CCCN (Civil and Commercial Code of the Nation)\u201d.<\/a>,\u00a0\u201cIntermediary Platform\"<\/a>,\u00a0\"Atypical Nature of Criminal Conduct\"<\/a>,\u00a0\u201cDifferences between Taxis and Uber\u201d<\/a>,\u00a0\"Acquittal\"<\/a>\u00a0y \u201cJurisdicciones con regulaciones espec\u00edficas de plataformas de movilidad\u201d.<\/p>\n\n\t\t<\/div>\n\t<\/div>\n\t<\/div>\n<\/div><\/div>

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\n \n\t\t<\/span>\n\t\t<\/span>\n\t<\/span>\n\t8. Can traffic wardens or infractions courts withhold the licences of drivers that use Uber in the case of being stopped by Traffic Enforcement Operation?<\/span>\n<\/h5>\n
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No, it would constitute a pre-emptive enforcement of the penalty by attempting to impose a sanction before it becomes final. Additionally, the licence should not be withheld as evidence, as this could easily be substituted by a copy. The power of preventative retention is exceptional and temporary. It cannot be prolonged longer than the time required to finish the process conducted to check the fault.<\/p>\n

To read more:\u00a0\"Acquittal\"<\/a>,\u00a0\"Arbitrariness of Magistrates\"<\/a>\u00a0and \"Violation of the Right to a Fair Trial\"<\/p>\n\n\t\t<\/div>\n\t<\/div>\n\t<\/div>\n<\/div><\/div>

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\n \n\t\t<\/span>\n\t\t<\/span>\n\t<\/span>\n\t9. In the case of driving with Uber and being accused of committing a traffic infraction, is it legitimate that the payment of the fine in advance is demanded in order to request the return of the vehicle and appeal or present a discharge?<\/span>\n<\/h5>\n
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Even though there are only a few jurisdictions that still expect payment of a fine in advance in order to be able to recover the vehicle or appeal, the jurisprudence that has started to be practised has begun to recognise the illegitimacy of such ruling, since it infringes the right of access to justice and property.<\/p>\n

To read more:\u00a0\"Right of Access to Justice\"<\/a>,\u00a0\"Immediate Return of Vehicle\"<\/a>,\u00a0\"Violation of the Right to a Fair Trial\"<\/a>\u00a0y\u00a0\u201cSolve et repete\u201d<\/a>.<\/p>\n\n\t\t<\/div>\n\t<\/div>\n\t<\/div>\n<\/div><\/div>

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\n \n\t\t<\/span>\n\t\t<\/span>\n\t<\/span>\n\t10. Does Uber protect personal data in accordance with Argentinian law?<\/span>\n<\/h5>\n
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Yes, the policies of privacy and collection of data in Uber comply with the requirements of Argentinian laws.<\/p>\n\n\t\t<\/div>\n\t<\/div>\n\t<\/div>\n<\/div>

\n \n\t\t<\/span>\n\t\t<\/span>\n\t<\/span>\n\t11. I am a driver and I use the app, what do I have to do if I am issued an infraction?<\/span>\n<\/h5>\n
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In these cases, we suggest taking a good photo of what has happened and reporting the incident by means of the application, following the steps that are indicated there.\u00a0\u00a0\u00a0<\/span><\/p>\n\n\t\t<\/div>\n\t<\/div>\n\t<\/div>\n<\/div><\/div><\/div><\/div><\/div>

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<\/div><\/div><\/div><\/div>","protected":false},"excerpt":{"rendered":"1. \u00bfUber es legal en Argentina? S\u00ed, Uber opera legalmente en Argentina. La empresa ofrece una plataforma de intermediaci\u00f3n que conecta a dos partes que desean celebrar un contrato privado de transporte, que se encuentra regulado en el art\u00edculo 1280 [...]","protected":false},"author":2,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"inline_featured_image":false,"footnotes":"","_links_to":"","_links_to_target":""},"class_list":["post-20","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"http:\/\/ubereslegal.com\/en\/wp-json\/wp\/v2\/pages\/20","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/ubereslegal.com\/en\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"http:\/\/ubereslegal.com\/en\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"http:\/\/ubereslegal.com\/en\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/ubereslegal.com\/en\/wp-json\/wp\/v2\/comments?post=20"}],"version-history":[{"count":25,"href":"http:\/\/ubereslegal.com\/en\/wp-json\/wp\/v2\/pages\/20\/revisions"}],"predecessor-version":[{"id":80,"href":"http:\/\/ubereslegal.com\/en\/wp-json\/wp\/v2\/pages\/20\/revisions\/80"}],"wp:attachment":[{"href":"http:\/\/ubereslegal.com\/en\/wp-json\/wp\/v2\/media?parent=20"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}