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.

A basic legal framework on intermediary liability beyond copyright infringement is absent in El Salvador's law and jurisprudence.

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.

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).

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 but instead proposes collaboration on this issue.

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 have the duty to 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.

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.

El Salvador has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.

El Salvador does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, it is reported that there is 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.

The Intellectual Property Law provides a framework for 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.

It is reported that there is no obligation for passive infrastructure sharing in the El Salvador to deliver telecom services to end users. However, it is practiced in the mobile sector and in the fixed sector based on commercial agreements.

El Salvador has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.

El Salvador has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.

El Salvador has a copyright regime under the Intellectual Property Law. However, the exceptions does not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Art. 44 lists the exceptions, which include activities carried out in family circles without lucrative purposes, of general utility, of didactic purposes, those used for people with disabilities, for commercial demonstrations, and those with charitable purposes.

It is reported that the rate of unlicensed software installation in El Salvador was 80% in 2017 (above the 52% rate of the Latin American countries) for an estimated commercial value of USD 61 million.