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EL SALVADOR

Reported in 2020, last reported in 2023

Pillar Quantitative trade restrictions for ICT goods and online services  |  Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Lack of transparency in import procedures
It is reported that private companies express concerns regarding the inconsistent and discretionary application of customs regulations and procedures, resulting in unpredictable delays and administrative fines. For instance, exporting from the duty-free zone is unduly cumbersome, with a requirement that a representative of the receiving company and the shipping company be physically present for the exchange of documents and release of materials.
Coverage Horizontal

EL SALVADOR

Since February 2014, last amended in August 2022

Pillar Technical standards applied to ICT goods and online services  |  Sub-pillar Self-certification for product safety
Telecommunications Law, Legislative Decree No. 142 (Ley de Telecomunicaciones, Decreto Legislativo No. 142)
It is reported that El Salvador does not restrict self-certification for foreign entities but only requires compliance with ITU standards. Art. 5 of the Telecommunications Law, on technical standards, states telecommunications equipment shall be subject to the norms and standards recommended by the International Telecommunications Union (ITU) or by other international organisations recognised by El Salvador.
In El Salvador, there is no homologation process for equipment that occupies radio frequencies. However, there is a verification and/or analysis of low-power devices (DBP). This process is for all devices that work in any band of the Radio Spectrum, and it is analysed if they are in accordance with the technical conditions stipulated in the National Frequency Allocation Table (CNAF or Cuadro Nacional de Atribución de Frecuencias). The natural or legal person who so requires, since it is not an obligation, may request a review of such devices, attaching the technical documentation necessary for the analysis.
It is reported that the following products need the approval of SIGTEC (Superintendencia General de Electricidad y Telecomunicaciones): RFID devices, WIFI modules, Bluetooth, Zigbee products, and Wireless Gateways.
Coverage RFID devices; WIFI modules; Bluetooth; Zigbee products; Wireless Gateways

EL SALVADOR

Since November 2021, entry into force in December 2021

Pillar Online sales and transactions  |  Sub-pillar Threshold for ‘De Minimis’ rule
Decree No. 208 - Law for the Facilitation of non-commercial online purchases (Decreto No. 208 - Ley de Facilitación de Compras en Línea Sin Fines Comerciales)
According to Art. 1 of the Law for the Facilitation of non-commercial online purchases (Decree No. 208), the de minimis threshold, that is, the minimum value of goods below which customs do not charge duties, is USD 300, above the 200 USD threshold recommended by the International Chamber of Commerce (ICC). This applies to purchases made by individuals under the modalities of postal shipments, express delivery or courier companies, small family shipments, and air parcel managers, who are exempt from the payment of import duties and are not subject to compliance with non-tariff requirements.
Coverage Horizontal

EL SALVADOR

Since September 1997

Pillar Telecom infrastructure & competition  |  Sub-pillar Presence of an independent telecom authority
Decree. No. 808. Law creating the Superintendency of Electricity and Telecommunications (Decreto. No. 808. Ley de Creación de la Superintendencia General de Electricidad y Telecomunicaciones)
According to Art. 1 of the Decree. No. 808, the Superintendency of Electricity and Telecommunications of El Salvador, which is the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.
Coverage Telecommunications sector

EL SALVADOR

Since July 2011, as amended in September 2021, entry into force in March 2022

Pillar Cross-border data policies  |  Sub-pillar Ban to transfer and local processing requirement
Law for the Regulation of Information Services on Credit History of Persons (Ley de Regulación de los Servicios de Información Sobre el Historial de Crédito de las Personas)
Art. 17 of the Law for the Regulation of Information Services on Credit History of Persons, as amended in September 2021, establishes that legal persons operating as data information agencies must maintain the database and its backup in the country. A data information agency is defined in Art. 3 as any legal person, public or private, with the exception of the "Superintendencia del Sistema Financiero" (Financial System Superintendency), which is engaged in collecting, storing, preserving, organising, communicating, transferring or transmitting data on the credit history of consumers or clients, through technical procedures, automated or not.
Coverage Financial sector

EL SALVADOR

N/A

Pillar Cross-border data policies  |  Sub-pillar Participation in trade agreements committing to open cross-border data flows
Lack of commitments on open transfers of cross-border data flows
El Salvador lacks binding commitments on open transfers of cross-border data flows. Art. 14.5 of the Central America-Dominican Republic-US Free Trade Agreement (DR-CAFTA) incorporates a provision relating to cooperation on the free flow of data. However, this provision is not binding; instead, it proposes collaboration on this issue.
Coverage Horizontal

EL SALVADOR

N/A

Pillar Domestic data policies  |  Sub-pillar Framework for data protection
Lack of a general data protection framework
The Salvadoran Congress has approved in 2019 the Personal Data Protection Bill, but it has not been enacted by the President of the Republic. For the time being, there is no comprehensive regulation on data protection and the current rules on personal data protection are contained in special sectoral laws, such as the Consumer Protection Law (amended in 2018), Law for the Regulation of Information Services on the Credit History of Individuals (since 2011), Law on Access to Public Information (since 2011), and Special Law on Computer and Related Crimes (since 2016, amended in 2022).
Coverage Horizontal

EL SALVADOR

Since July 2011, as amended in September 2021, entry into force in March 2022

Pillar Domestic data policies  |  Sub-pillar Requirement to allow the government to access personal data collected
Law for the Regulation of Information Services on Credit History of Persons (Ley de Regulación de los Servicios de Información Sobre el Historial de Crédito de las Personas)
Art. 5 of the Law for the Regulation of Information Services on Credit History of Persons states that the Central Reserve Bank shall have unrestricted access to the databases of public law institutions or private entities containing real-time credit history data information on individuals.
Coverage Financial sector

EL SALVADOR

N/A

Pillar Intermediary liability  |  Sub-pillar Safe harbour for intermediaries for copyright infringement
Lack of intermediary liability framework in place for copyright infringements
A basic legal framework on intermediary liability for copyright infringement is absent in El Salvador's law and jurisprudence. However, Art. 15.11.27 of the Central America - United States - Dominican Republic Free Trade Agreement (DR-CAFTA) of 2013 regulates limitations on the liability of Service Providers for copyright and related rights, as well as Art. 272 of the Agreement with the European Union and Art. 15.69 of the Free Trade Agreement between the Republics of Central America and the Republic of Korea.
Coverage Internet intermediaries

EL SALVADOR

Reported in 2018, last reported in 2023

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Enforcement of copyright online
Lack of adequate enforcement of copyright online
El Salvador has reportedly undertaken legislative reforms that provide for greater protection and enforcement of intellectual property (IP). However, several concerns persist, including music trafficking, video piracy, and the use of unlicensed software.
Coverage Horizontal

EL SALVADOR

Since March 2002

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Copyright Treaty
WIPO Copyright Treaty
El Salvador has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal

EL SALVADOR

Since May 2002

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Performances and Phonogram Treaty
WIPO Performances and Phonogram Treaty
El Salvador has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal

EL SALVADOR

Since August 1993, as amended in January 2017

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Effective protection covering trade secrets
Intellectual Property Law (Ley de Propiedad Intelectual)
The Intellectual Property Law provides a framework for the effective protection of trade secrets. Title IV of the Intellectual Property Law (Art. 177 and following) regulates the protection of industrial or commercial secrets and evidence data.
Coverage Horizontal

EL SALVADOR

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Passive infrastructure sharing obligation
Lack of obligation to share passive infrastructure
It is reported that there is no obligation for passive infrastructure sharing in El Salvador to deliver telecom services to end users. However, it is practised in both the mobile and fixed sectors based on commercial agreements.
Coverage Telecommunications sector

EL SALVADOR

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
El Salvador does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, it is reported that there has been an obligation of accounting separation since 1998. According to Art. 25 of the Telecommunications Law Regulations, in order to ensure the allocation of differentiated costs for the establishment of the maximum values of basic interconnection charges and basic rates for fixed and mobile telephony, operators must keep separate accounts.
Coverage Telecommunications sector

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