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EL SALVADOR

Since April 2022

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Decree No. 359 (Decreto No. 359)
El Salvador has been operating under a state of exception since March 2022, which has been renewed on a monthly basis. As part of the implementation of this measure, the government enacted Decree No. 359, applicable for the duration of the state of exception, which permits the executive branch to negotiate and procure goods and services related to the emergency directly, without complying with the requirements of the Public Procurement Law (Arts. 1 and 2 of Decree No. 359). Reports indicate that the absence of transparency in government procurement and contracting processes under states of emergency is particularly concerning, as it has facilitated corruption and clientelism, matters that are of considerable concern to foreign investors. It is also reported that foreign companies have expressed concerns that government agencies are not always providing sufficient advance notice to foster wide participation in bidding procedures, particularly in relation to complex infrastructure works or public-private partnership projects.
Coverage Horizontal

EL SALVADOR

N/A

Pillar Public procurement of ICT goods and online services  |  Indicator Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
El Salvador is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.
Coverage Horizontal

EL SALVADOR

Since November 1999, last amended in 2013

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Maximum foreign equity share
Investment Law (Ley de Inversiones)
According to Art. 5 of the Investment Law, foreign investors have the same rights and obligations as Salvadoran investors and shall not be subject to unfair or discriminatory measures with respect to the establishment, administration, use, usufruct, extension, sale and liquidation of their investments.
Coverage Horizontal

EL SALVADOR

Reported in 2017, last reported in 2025

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Screening of investment and acquisitions
Screening of investment and acquisitions
It is reported that certain restrictions apply to micro businesses, which are defined in Art. 3 of the Law on the Promotion, Protection and Development of Micro and Small Enterprises as having 10 or fewer employees and annual sales of approximately USD 175,930 or less. Investors who start operations with 10 or fewer employees must submit plans for increasing employment to the Ministry of Economy’s National Investment Office.
Coverage Micro businesses

ECUADOR

Since April 2022, entry into force in May 2022

Pillar Online sales and transactions  |  Indicator Limits on e-commerce purchases
Resolution No. 008-2022 COMEX (Resolución No. 008-2022 COMEX)
Pursuant to Arts. 1 and 2 of Resolution No. 008-2022 issued by COMEX, imports classified under "Category B" must be below the annual limit of USD 1.600 in FOB value per fiscal year. Category B refers to consignments weighing no more than four kilograms and with an FOB value not exceeding USD 400, or its equivalent in another currency, provided that such goods are not intended for commercial purposes.
Coverage Electonic commerce

ECUADOR

N/A

Pillar Online sales and transactions  |  Indicator Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
Ecuador does not apply any de minimis threshold, meaning there is no minimum consignment value below which customs duties are waived. As of June 2025, pursuant to Art. 1 of Resolution No. 006‑2025, a fixed tariff of USD 20 per package is imposed on personal imports up to 4 kilograms and a maximum FOB value of USD 400 ("Catergory B").
Art. 1 amended Ecuador’s customs tariff, originally established by Resolution No. 002‑2023 and adopted on 2 March 2023, which had previously set the applicable tariff rate at zero for imports valued up to 400 USD.
Coverage Horizontal

ECUADOR

Since November 1999, last amended in March 2023

Pillar Online sales and transactions  |  Indicator Local presence requirements for digital services providers
Companies Law (Ley de las Compañías)
According to Art. 415 of the Companies Law, foreign companies must appoint at least one representative to carry out all legal acts and businesses that are destined to take effect in the national territory. This representative must be able to answer the demands and comply with the obligations. In addition, they must constitute in Ecuador a capital destined for the activity to be developed.
Coverage Horizontal

ECUADOR

Since July 2000, last amended in January 2015
Since April 2002, last amended in February 2023

Pillar Online sales and transactions  |  Indicator Framework for consumer protection applicable to online commerce
Law on Consumer Protection (Ley Orgánica de Defensa del Consumidor)

Law No. 67: Electronic Commerce, Electronic Signatures and Data Messages Law (Ley No. 67: Ley de Comercio Electrónico, Firmas y Mensaje de Datos)
The Consumer Protection Law and Law No. 67 establish a comprehensive regulatory framework for the protection of consumers, which extends to transactions conducted in digital environments. Chapter III of Title III of Law No. 67 concerns the rights of users or consumers of electronic services.
Coverage Horizontal

ECUADOR

N/A

Pillar Online sales and transactions  |  Indicator Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Ecuador has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

ECUADOR

Since 2002

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Ecuador has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal

ECUADOR

N/A

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Ecuador has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal

ECUADOR

Since May 2017, entry into force in June 2017

Pillar Technical standards applied to ICT goods and online services  |  Indicator Self-certification for product safety
Regulation on the Approval and Certification of Telecommunications Terminal Equipment - No. 03-03-ARCOTEL-2017 (Reglamento para la Homologación y Certificación de Equipos Terminales de Telecomunicaciones - No. 03-03-ARCOTEL-2017)
Art. 10 of the Regulation on the Approval and Certification of Telecommunications Terminal Equipment establishes that applicants possessing a type‑approval certificate issued by an international body recognised by the Telecommunications Regulation and Control Agency (ARCOTEL) need only attach that certificate to their application, with no further requirements. General Provision Two identifies the categories of terminal equipment requiring type approval, including devices for advanced mobile services (mobile telephones or other devices equipped with an IMEI that connect to the networks of advanced mobile service operators), carrier services, fixed telephony, satellite telecommunications, wireless Internet access (excluding computers and other indirect‑access devices), as well as equipment used in trunked and community communication systems. General Provision Three lists the international organisations recognised for type‑approval purposes, such as ANATEL, BIS, CMIIT, the European Community through Declarations of Conformity, ETSI, the FCC, KATS, Taiwan’s NCC, and Canada’s CEBIC.
Coverage Telecommunications terminal equipment

ECUADOR

Since May 2021, entry into force in May 2021

Pillar Domestic data policies  |  Indicator Requirement to perform a Data Protection Impact Assessment (DPIA) or have a data protection officer (DPO)
The Organic Law on the Protection of Personal Data (Ley Orgánica de Protección de Datos Personales)
According to Art. 42 of the Personal Data Protection Law, the controller shall perform a data protection impact assessment (DPIA) when its data processing has been identified as a high risk to the rights and freedoms of the data subject by its nature, context or purposes.
Under Art. 48, the data protection officer must be appointed in the following cases:
- When the processing is carried out by those who make up the public sector in accordance with the provisions of Art. 225 of the Constitution;
- When the activities of the person responsible or in charge of the processing of personal data require a permanent and systematised control due to the volume, nature, scope, or purposes of the processing, as established in this law, the regulations thereof, or in the regulations issued in this regard by the Superintendency;
- When there is large-scale processing of special categories of data, in accordance with the provisions of the regulations of this law;
- When the processing does not refer to data related to national security and defence of the State that are confidential or secret, in accordance with the provisions of the specialised regulations on the matter.
Coverage Horizontal

ECUADOR

Since December 2002, entry into force in December 2002, last amended in October 2008

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for copyright infringement
Regulation to the Electronic Commerce Law - Executive Decree No. 3496 (Reglamento a la Ley de Comercio Electrónico – Decreto Ejecutivo No. 3496)
Art. 8 of the Regulation to the Electronic Commerce Law provides that the provision by third parties of any type of electronic services, including the sending and receiving of electronic communications, the hosting of databases, the electronic registration of data, the hosting of websites on electronic media or other similar or related services, does not give rise to liability on the part of the service provider for the content of data messages. Liability rests exclusively with the owner of the information.
Coverage Internet intermediaries

ECUADOR

Since December 2002, entry into force in December 2002, last amended in October 2008

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Regulation to the Electronic Commerce Law - Executive Decree No. 3496 (Reglamento a la Ley de Comercio Electrónico – Decreto Ejecutivo No. 3496)
Art. 8 of the Regulation to the Electronic Commerce Law provides that the provision by third parties of any type of electronic services, including the sending and receiving of electronic communications, the hosting of databases, the electronic registration of data, the hosting of websites on electronic media or other similar or related services, does not give rise to liability on the part of the service provider for the content of data messages. Liability rests exclusively with the owner of the information.
Coverage Internet intermediaries

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