EL SALVADOR
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Signature
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
El Salvador 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
EL SALVADOR
N/A
Pillar Online sales and transactions |
Sub-pillar Ratification of the UN Convention of Electronic Communications
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
El Salvador has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
EL SALVADOR
Since February 2021
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
El Salvador 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
EL SALVADOR
Since May 2006, last amended in March 2019
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Consumer Protection Law, Decree No. 776 (Ley de Protección al Consumidor, Decreto No. 776)
Decree No. 776 on Consumer Protection Law provides a comprehensive framework for consumer protection that also applies to online transactions. Art. 4 of the Consumer Protection Law provides a taxative list detailing the basic rights of the subjects benefited by the law. In addition, Arts. 21-A and 21-B refer to the obligations of suppliers in e-commerce.
Coverage Horizontal
EL SALVADOR
Since November 2021, entry into force in December 2021
Pillar Online sales and transactions |
Sub-pillar Threshold for ‘De Minimis’ rule
Law for the Facilitation of non-commercial online purchases (Decree No. 208)
According to Art. 1 of the Law for the Facilitation of non-commercial online purchases (Decree No. 208), purchases of up to USD 300 made by individuals under the modalities of postal shipments, express delivery or courier companies, small family shipments and air parcels managers are exempt from the payment of import duties and are not be subject to compliance with non-tariff requirements.
Coverage Horizontal
EL SALVADOR
Since February 2014, last amended in August 2022
Pillar Technical standards applied to ICT goods, products and online services |
Sub-pillar Self-certification for product safety
Decreto no. 142: Ley de Telecomunicaciones (Telecommunication Law): defines technical standards for approvals and assigns bands of operations for use in El Salvador.
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 organizations recognized by El Salvador.
In El Salvador, there is no homologation process for equipment that occupies radio frequencies. But 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 analyzed 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; Wireless Gateways.
In El Salvador, there is no homologation process for equipment that occupies radio frequencies. But 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 analyzed 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; Wireless Gateways.
Coverage RFID devices; WIFI modules; Bluetooth; Zigbee products; Wireless Gateways
EL SALVADOR
Reported in 2020, 2022
Pillar Quantitative trade restrictions for ICT goods, products 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
Reported in 2021
Pillar Intermediary liability |
Sub-pillar User identity requirement
Mandatory SIM card registration
It is reported that El Salvador imposes an identity requirement for SIM registration. Anyone wanting to purchase a SIM card has to provide their national ID card, or a passport in case of foreigners, to activate a new prepaid SIM card.
Coverage Telecommunications sector
EL SALVADOR
N/A
Pillar Intermediary liability |
Sub-pillar Safe harbor 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
N/A
Pillar Intermediary liability |
Sub-pillar Safe harbor for intermediaries for any activity other than copyright infringement
Lack of intermediary liability framework in place beyond copyright infringements
A basic legal framework on intermediary liability beyond copyright infringement is absent in El Salvador's law and jurisprudence.
Coverage Internet intermediaries
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
Sources
- https://www.fundacionmicrofinanzasbbva.org/revistaprogreso/wp-content/uploads/2021/10/ELS_Historial-crediticio.pdf
- https://www.defensoria.gob.sv/wp-content/uploads/2021/09/Ley-de-Regulacion-de-los-Servicios-de-Informacion-sobre-el-Historial-AL.pdf
- https://ustr.gov/sites/default/files/2022%20National%20Trade%20Estimate%20Report%20on%20Foreign%20Trade%20Barriers.pdf
- Show more...
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
Sources
- https://www.dataguidance.com/notes/el-salvador-data-protection-overview
- https://www.asamblea.gob.sv/sites/default/files/documents/correspondencia/2A326CE8-F13A-4828-8640-648235C228BF.pdf
- https://www.defensoria.gob.sv/wp-content/uploads/2021/09/Ley-de-Proteccion-al-Consumidor-AL.pdf
- https://www.defensoria.gob.sv/wp-content/uploads/2021/09/Ley-de-Regulacion-de-los-Servicios-de-Informacion-sobre-el-Historial-AL.pdf
- https://www.fiscalia.gob.sv/wp-content/uploads/portal-transparencia/Ley-de-Acceso-a-la-Informacion-Publica.pdf
- Show more...
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 but instead proposes collaboration on this issue.
Coverage Horizontal
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 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.
Coverage Financial sector
Sources
- https://www.fundacionmicrofinanzasbbva.org/revistaprogreso/wp-content/uploads/2021/10/ELS_Historial-crediticio.pdf
- https://www.defensoria.gob.sv/wp-content/uploads/2021/09/Ley-de-Regulacion-de-los-Servicios-de-Informacion-sobre-el-Historial-AL.pdf
- https://ustr.gov/sites/default/files/2022%20National%20Trade%20Estimate%20Report%20on%20Foreign%20Trade%20Barriers.pdf
- Show more...
EL SALVADOR
Since September 1997
Pillar Telecom infrastructure and competition |
Sub-pillar Presence of 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