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LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR
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DECREE NO 133
THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF EL SALVADOR,
CONSIDERING:
I.-That Art. 101 of the Constitution of the Republic states that the State must promote economic and social development by increasing the
production, productivity and rational utilization of the resources. Consequently, it must create the legal instruments that make use of information and communications technologies.
II.-That Art. 2 of the Constitution of the Republic recognizes that every person has the right to legal security; Therefore, the State must create a legal framework
that provides security for the users of electronic communications and transactions authorized by the applications of the technology or the electronic subscription thereof, providing legal validity to them.
III.-The development of information technologies and communication has become a strategic factor that improves the efficiency of education, promotes the competitiveness and economic growth of the peoples; also,
raises the quality of life of citizens, by allowing inclusion of more people to the productive system, which is why our country, by means of this Law, intends to promote the use of such technologies to propitiate
the dynamism and the economic development, incorporating it to the world environment in the that secure interactions occur within the information society.
BY TANTO,
in use of its Constitutional powers and on the initiative of the President of the Republic, by means
of the Minister of Economy.
DECRETA the following:
ELECTRONIC SIGNATURE LAW
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TITLE I
GENERAL PROVISIONS
CHAPTER I
OBJECT AND REACH
Object
Art. 1.-The following Law is the subject of this Law:
a) Equating the simple electronic signature and certified electronic signature with the autograph signature;
b) Giving and recognizing efficacy and legal value to the certified electronic signature; data messages and any information in electronic form that are subscribed to with a certified electronic signature, regardless of their support
material; and,
c) Regular and audit the information regarding the suppliers of electronic certification services, electronic certificates and service providers Document storage
electronics.
Technology Neutrality and Functional Equivalency
Art. 2.-The regulations of this Law shall be applicable to electronic communication, certified electronic signature and simple electronic signature, or any electronic format, independently
of its technical characteristics or of the technological developments that occur in the future; their standards will be developed and interpreted progressively, provided they are based on technological neutrality and functional equivalence.
CHAPTER II
GENERAL DEFINITIONS AND PRINCIPLES
Definitions
Art. 3.-For the purposes of the application of this Law, the following definitions shall be used:
Accreditation: It is the authorization granted by the competent authority established in this Law to the service providers of certification, to operate and to provide electronic certificates,
and to the providers of electronic document storage services, once the requirements and conditions set out in this Law have been met.
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Electronic Certificate: Document provided by a service provider certification that grants certainty to the certified electronic signature, guaranteeing the association of the person with that
signature.
Personal Data: Any numeric, alphabetic, graphic, or photographic information or any
other type, concerning identified or identifiable natural persons.
Public Outreach Personal Data: Data that does not affect the privacy of the owner of the
itself, such as data relating to the person's family status among others, and which may be contained in public records.
Recipient: The person designated by the sender, to receive the data message, but is not acting as a broker with with respect to that message.
Electronic Document: Any data message, sent, received, or archived by electronic, optical or any other technology, which is part of an electronic file.
Signature Autograph: Mark or sign, which a person writes of his or her own hand in an instrument or document to ensure or authenticate the identity of a person as proof of the consent and verification of the information contained in said instrument.
Simple Electronic Signature: Data in electronic form, recorded in a data message or logically associated with it, which can be used to identify the signer relative to the data message, and indicate that the signer approves the information collected in the data message.
Electronic Signature Certified: Are the data in electronic form, recorded in a data message or logically associated with it, that allow the identification of the signatory, and that the data
of creation of the signature are in exclusive control of the signatory, which allows any subsequent modification to the content of the data message.
Signer: The person who owns the data from the signature creation and who acts on his or her own behalf or the person he represents.
Initiator of a Data Message: All persons are understood to be of the message, you have acted on your account to send or generate that message before being archived, if this is the case, but you have not acted as a broker with respect to it.
Data Message: The information generated, sent, received, archived or communicated via electronic or similar means of communication, which may contain electronic documents.
Certification Services Provider: Legal person authorized by the competent authority, dedicated to issuing electronic certificates and other activities provided for in this Act.
Electronic Document Storage Services Provider: A legal person authorized by the competent authority that, by the nature of its business, provides electronic document storage services.
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Signatory: Person who owns an electronic signature creation device certified and acts on its own behalf or in the name of a natural or legal person representing.
General Principles
Art. 4.-The activities regulated by this Law will be governed by the following principles:
a) Authenticity, with which the message is guaranteed to be reliable and this guarantee endures over time;
b) Integrity, for which provides certainty that the data received by electronic means has not been modified in its transit, from the initiator to the recipient;
c) Confidentiality, through which the initiator and recipient are guaranteed, that the messages electronic will not be known to third parties, without their express authorization;
d) Functional equivalence is to observe in the documents filed and communicated in electronic form, those requirements which are required in the documents submitted in writing and recorded on paper, in order to determine the manner of
satisfy its objectives and functions;
e) Not repudiation, by means of which it is guaranteed that when a message has been subscribed
with certified electronic signature, in accordance with the provisions of this Law, it cannot be disowned by the initiator person;
f) Technology neutrality, Sustained the non-discrimination between technologies, to the extent that they consist of secure means through which it is possible to comply with the functions imposed by the Law; and,
g) Security, the certainty and legality that the signatory and accredited, has been properly identified, ensuring availability, integrity, confidentiality,
authentication, non-repudiation and good use of information residing in a computer system.
Rules for Treatment of Personal Data
Art. 5.-The processing of personal data required by service providers of
certification and service providers of electronic document storage for the development of such activities shall be subject to the The following rules:
a) For the issuance of electronic certificates to the public and for the storage of electronic documents, service providers may only collect personal data directly from the signatories. The personal data of users is prohibited;
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b) The required data will be exclusively necessary for the expedition and the maintenance of the electronic certificate and the provision of services in relation to the
certified electronic signature. The holder may request the rectification or cancellation of personal data, when these are inaccurate or incomplete; and,
c) The data registry officer and those involved in any phase of the processing of the data personal character, shall be bound by the confidentiality of the same and the duty to keep them. Obligations that will persist even after
end your relationships with the Data Registry Officer.
CHAPTER III
ELECTRONIC SIGNATURE EQUIVALENCE AND LEGAL VALUE
Equivalence and Value Simple Electronic Signature Legal
Art. 6.-The simple electronic signature shall have the same legal validity as the autograph signature. As regards its legal effects, the simple electronic signature shall not have probative validity on the same terms as those granted by this Act to the certified electronic signature; however, they may constitute
an element of conviction
TITLE II
CHAPTER I
GENERAL PROVISIONS
Functional Equivalence
Art. 7.-The data message using certified electronic signature, whatever the means of transmission or storage, shall have the same legal validity equivalent to the content of those
issued in a conventional manner; that is, which are granted, stored or transmitted by physical means. Documents stored electronically under this Law and reproductions duly certified will have the same legal value as the original documents; they will be subject to the legal regime
of the originals and may be challenged in the same way as these.
Equivalence of the Documents on Electronic Support
Art. 8.-Documents in electronic form using electronic signatures shall have the same value as those entered in a traditional manner. Excluded are those actions that require special formalities and solemnities for their improvement.
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Public Documents Issued on Electronic Media
Art. 9.-Public documents issued by state institutions may be contained in electronic support and shall have the value assigned by the legal order for this class of documents.
Probatory value of the Documents Electronic Private
Art. 10.-When the private document is generated with certified electronic signature and refers to legal acts that are not excluded by this Law, the value will be the same as the traditional one.
Conservation Documents
Art. 11. -If, according to the legal act or provisions of the legal order, the information is required to be preserved in the way it was originally issued, an electronic document shall be deemed to comply with that requirement if the signature certified electronics demonstrates that the
document has not been altered.
The documents may be presented on a different support in case of destruction of the electronic media that originally contained it.
Forms of Document Conservation
Art. 12. Compliance with the obligation to keep documents, records or information in electronic documents may be carried out on its own account or through third parties.
Any legal person, national or foreign, who performs storage of third-party electronic documents, must be registered as a provider of electronic document storage services to the competent authority.
Natural and legal persons, national or foreign self-account for the storage of electronic documents with the interest they have documents have the legal value
granted by this Act, must comply with the minimum requirements set forth in it, its regulations, and in the technical regulations or regulations that are issued to the effect.
Requirements for the Document Conservation
Art. 13.-If the Law requires that the information contained in a data message be written in writing,
that requirement will be fulfilled if the information contained in the data message is available for further consultation.
Law requires that certain acts or legal businesses be written and that their support remains accessible, preserved or archived for a specified period of time, these will be subject to the relevant legal provisions, establishing themselves using an electronic file, which meets the following requirements:
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a) That the information contained in it can be subsequently consulted;
b) keep the format in which it was generated, file or received, or in any format that is demonstrable that accurately reproduces the information generated or received; and,
c) That it is maintained in full, complete and without any alterations determine the source and destination of the data message, the date and time it was sent, or
When the time limit for its conservation is not governed by the Law, the appropriate procedure for its treatment will be established in accordance with the regulation to be issued in this respect.
Minimum Guarantees to be met by the Electronic Document Storage System
Art. 14.-When the document is submitted to electronic storage, it must be kept in an appropriate medium. The procedure used for storing electronic documents
must ensure:
a) That the electronic documents are stored in clear, full, secure, and absolute fidelity;
b) accurately determine the date and time when a document was stored electronically;
c) The retrieval of the electronic document; and,
d) That complies with the technical and regulatory regulations established by the authority competent.
The omission of any of these requirements, as well as the adulteration that affects the integrity of the electronic document or media in which the information has been stored, will cause to lose the legal value that this Act grants to electronically stored documents.
Statement of Practice Document Storage
Art. 15.-Any legal person making the storage of electronic documents for third parties shall draw up a declaration of storage practices, detailing, within the framework of this Law and its regulations, the following information:
(a) The obligations that they undertake to comply with in relation to the management of electronically stored documents;
b) The conditions applicable to the application, conversion and storage of electronic documents;
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c) Technical, physical and organizational security measures;
d) The result obtained of the latest audit of the electronic document storage system, with the exception of those undertakings which have for the first time been authorised by the competent authority;
e) The limits of liability for carrying out the electronic document storage;
f) The list of rules and procedures storage of electronic documents; and,
g) Any other information that the Electronic Signature Unit of the competent authority requests through technical regulations and regulations.
The declaration of storage practices electronic documents shall be provided to the competent authority for approval in accordance with Art. 43 of this Law, and
shall be available to the public by electronic means or by any other means, and free.
Electronic Document Certification
Art. 16.-The reproductions, microfiche, discs or certifications that will result from the use of an electronic document storage system allowed by this Law, will be certified by the person responsible for the file or public office or The private holding the custody.
Recognition of Foreign Stored Documents
Art. 17.-Electronic documents stored by a foreign storage service provider providing the electronic document storage services may be recognized under the same terms and conditions as required by this Law when endorsed
by a national electronic document storage service provider previously authorized by the competent authority.
Monitoring and Control
Art. 18.-Any provider of electronic document storage services providing
services to third parties shall be subject to the supervisory and control powers of the Electronic Signature Unit of the competent authority for the purposes of to ensure compliance with the corresponding obligations set out in this Law and its regulations, and technical regulations and regulations issued to the
effect.
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CHAPTER II
OF ISSUING AND RECEIVING DATA MESSAGES
Verifying the Data Message Issue
Art. 19.-A data message is understood to be from the initiator, when it has been sent
by:
a) The initiator itself or the person representing it, when the document consists of its
certified electronic signature; and,
b) By an information system programmed by the initiator or under its authorization to
automatically operate, when the document consists of its simple or certified electronic signature.
Rules for the Determination of the Receipt of the Message
Art. 20.-The receipt of the message shall be presumed, when its receipt is checked by the receiving system, and shall take place when the data message enters the recipient's repository, and is
available for access.
Emission and Receiving Place
Art. 21.-If the initiator and the recipient do not agree otherwise, the data message shall be issued at the place where the initiator has his address, and by receipt at the place where the recipient's
is his; and if he does not, The address shall be registered in the registry of the certification service provider, and in its defect, the one designated by the common law.
From the acknowledgement of Receipt
Art. 22.-If when sending or before sending a data message, the initiator requests or agrees with
the recipient to acknowledge the data message, but it has not been agreed between these a particular form or method to be performed, acknowledge receipt by:
a) All recipient communication, automated or not; and,
b) All recipient's act, which is sufficient to indicate to the initiator that the
data message has been received.
If the initiator has requested or agreed with the recipient who acknowledged the message
data, and expressly that indicated that the effects of the data message shall be conditional upon receipt of an acknowledgement of receipt, the data message shall be deemed not to have been sent, as long as the acknowledgement of receipt has not been received.
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TITLE III
CERTIFIED ELECTRONIC SIGNATURE AND ELECTRONIC CERTIFICATES
CHAPTER I
GENERAL PROVISIONS
Requirements and Effects of the Certified Electronic Signature
Art. 23.-The certified electronic signature must be based on a reliable and secure method of creation and verification, so that it is unalterable, alerting the recipient in case of modification of the information, after being subscribed by the signatory.
The certified electronic signature has the following effects:
a) Links a data message with its holder, uniquely;
b) Allows unambiguous verification of the authorship and identity of the signatory; and,
c) Secure that the signature data is under the sole control of the signatory.
Probatory Legal Effects
Art. 24.-The certified electronic signature shall have equal validity and the same legal effects and
evidence as a handwritten signature in relation to the data recorded in a document or electronic data message in which it is used.
In any case, when assessing the probative force of an electronic document, the reliability of the form in which it has been generated, archived, communicated, and in which the integrity of the information has been preserved shall be present.
Certified Electronic Signature Jobs
Art. 25.-The use of the certified electronic signature that meets the requirements of this Law, unless otherwise tested, presumes the following:
a) That the certified electronic signature belongs to the holder of the same; and,
b) That the data message linked to the certified electronic signature has not been modified
from the time of its submission, if the result of the verification procedure so indicates.
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Disablement in the Use of Certified Electronic Signature
Art. 26.-They may not apply for electronic certificates and make use of certified electronic signatures, minors and those who are unable to comply with the rules of common law, and those deprived of their liberty in a firm sentence.
Application and Use of the Electronic Signature Certified by Natural Persons Representatives
Art. 27.-For the leaders of natural persons, only the certified electronic signature of those persons shall be used, after verification of such quality by the certification service provider, through the presentation of the documents relevant legal systems in accordance with the
legal order and sufficient power to credit such quality, which must be stated in the certificate that is extended to you, as well as the limits of its powers.
Request for the Use of Electronic Signature Certified by Legal Persons ' Representatives
Art. 28.-Electronic certificates of legal persons for electronic devices used in a company, such as computers, servers, among others, must be requested by their administrators and legal representatives with power sufficient.
The custody of the certified electronic signature creation data associated with each legal person's electronic certificate shall be the responsibility of the natural applicant whose identification shall be included in the electronic certificate.
The legal person under the legislation applicable to its nature and constitution, may impose the limits it considers for the amount or subject matter for the use of the signature creation data
certified electronic. These limits must be included in the electronic certificate.
It shall be understood by the legal person, the acts in which his/her electronic signature
certified would have been used within the limits established in accordance with the legislation applicable to its nature and constitution. S i the certified electronic signature is used to transgress those limits, the legal person will be linked to third parties and will be applied what is established in the legislation
pertinent.
CHAPTER II
USE OF THE ELECTRONIC SIGNATURE BY THE GOVERNING BODIES
Using Simple Electronic Signature
Art. 29.-The authorities, officials and employees of the State who provide public services, carry out or carry out acts within their field of competence may subscribe to them by means of simple electronic signatures.
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Use of Certified Electronic Signature
Art. 30.-In those cases where the officials or employees of the State issue any document or carry out administrative acts in which rights are granted, sanction, or constitute confidential information, according to Art. 24 of the Law on Access to Public information to the administered,
you will need to use certified electronic signature. The certification service provider shall record in the certificate the quality with which it will sign electronically, as well as the limits of its competence.
Except for the use of the certified electronic signature, in those actions for which the Constitution of the Republic or the Laws require a solemnity that is not capable of being fulfilled
by electronic documents, data message or certified electronic signature.
Validity of Acts and Contracts
Art. 31.-The acts and documents of the State institutions that have the quality of
public instrument, may be subscribed by certified electronic signature.
Electronic Interaction between Administrates and Officials Public
Art. 32.-Those administered when they relate or communicate electronically with State institutions, may use certified electronic signature.
Acts of Communications
Art. 33. Any institution of the State, provided that it has the appropriate technological infrastructure, must carry out electronic communications using electronic signatures
simple, of acts such as citations and notifications, provided that the recipient of the public services has authorised this means of communication. Such authorization will take effect while the recipient does not communicate a modification to it.
Conservation, Registration, and File
Art. 34. The institutions of the State may provide for the preservation, registration and archiving of any action under its jurisdiction by electronic systems. Such files
and records will replace physical records for all purposes, with the requirements set forth in this Law and other relevant Laws being met.
State institutions may contract to any provider of electronic document storage services that complies with the technical and legal conditions laid down in this Law, its regulations and technical regulations and regulations.
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CHAPTER III
OF THE COMPETENT AUTHORITY
Control and Surveillance
Art. 35.-Create the Electronic Signature Unit, as part of the Ministry of Economy, which in the text of this Law can be abbreviated MINEC. The Minister will appoint the official who will be in charge
of this Unit, who will have to meet the requirements that will be established for this purpose in the regulation of this Law.
From the Electronic Signature Unit
Art. 36.-The Electronic Signature Unit shall be the root registry and accrediting authority, and the
competent for the accreditation, control and surveillance of the providers of electronic certification and document storage services. electronic, in accordance with this Law, its regulations and technical regulations and regulations.
Electronic Signature Unit Competences
Art. 37.-The Electronic Signature Unit will have the following competencies:
a) Elaborate the technical regulations and regulations that are necessary for the implementation of this Law, in coordination with the Salvadoran Body of
Technical Regulations (OSARTEC) and the Salvadoran Standards Agency (OSN);
b) Grant, register or revoke accreditation to certification service providers
and storage service providers electronic documents, after completion of the formalities and requirements of this Law, rules and other applicable technical rules and regulations;
c) Validating electronic certificates issued in favour of providers of electronic document storage and certification services;
d) Monitor, verify and inspect that the certification service providers and the electronic document storage service providers comply
with the requirements contained in this Law, their regulations, as well as in standards and applicable technical regulations;
e) Raising the rates set out in the present Law;
f) Impose the penalties set forth in this Act;
g) Impose the fines set forth in this law, which shall be entered into the General Fund of the Nation;
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h) Coordinate and represent the country in front of national and international agencies on any aspect related to the purpose of this Law;
i) To instruct or at the request of a party, to substantiate and to decide the administrative procedures relating to alleged violations of this Law;
j) To inform of its own initiative the Office of the Prosecutor General of the Republic, where it has evidence of a crime;
k) Require certification service providers and providers of electronic document storage services, or their users, any information deemed necessary and related to matters relating to the scope of your
functions;
l) Keep updated on the institutional web page, listing of the
certificate and electronic document storage services, and make publications;
m) Define and perform procedures for receiving and resolving complaints; and,
n) other than to establish this Law, its regulations, and other applicable technical rules and regulations.
Conformation of the Advisory Technical Committee
Art. 38.-Create the Advisory Technical Committee, in order to advise the Ministry of Economy regarding the Law of Electronic Signature.
This Committee may be consulted on any aspect of the application and implementation of the present Law, and it will be held at least once quarterly; its operation will be regulated by the
regulation of this Law.
The Committee will be composed of one owner and his/her respective alternate, of the following
institutions and
a) The Head of the Electronic Signature Unit of the Ministry of Economy, who is chair;
b) The Competition Superintendence;
c) The Technology and Computer Innovation Directorate of the Presidency of the Republic;
d) The General Superintendence of Electricity and Telecommunications;
e) Consumer Advocacy;
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f) Of the private business associations with legal status related to the object of this Law;
g) Universities accredited by the Ministry of Education; and,
h) Non-governmental organizations with legal personality related to the object of this Law.
In the case of literals (f), (g) and (h) of the Previous point, the nominees will be selected and proposed by each of the institutions according to their internal order, establishing in the regulation of this Law the procedure for their appointment.
The exercise of the position of the members of the Committee will be ad-honorem, which will be appointed for a period
Requirements to be a Member of the Advisory Technical Committee
Art. 39.-The members of the Advisory Technical Committee of the institutions and bodies shall comply with the following requirements to exercise their position:
a) Be of recognized good repute;
b) Be of notorious competence for the exercise of the charge;
c) Contar with knowledge and/or experience in the subject; and,
d) Do not have conflicts of interest with the provisions of this Law.
Audits and Inspections
Art. 40.-For the correct fulfilment of the privileges granted by this Law, the Ministry of Economy through the Electronic Signature Unit shall carry out, directly or by contracting, audits of the certification service providers, and
electronic document storage service providers.
Rates
Art. 41.-The applicable fee to credit certification service providers, and electronic document storage service providers, will be charged by the Ministry
of Economics.
Applicable fees will be the following:
a) Enrollment will cause entitlement payment, the equivalent of four monthly minimum trade and service sector wages; and,
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b) For annual renewal, the applicable rate will correspond to two monthly minimum wages of the commerce and service sector.
Measures to Ensure Certification Services
Art. 42.-The Electronic Signature Unit of the Ministry of Economy shall take the necessary preventive measures to ensure the reliability of the services provided by certified electronic signature service providers, and
electronic documents, which must be highly available.
For this purpose, it will dictate the necessary technical rules and regulations and, among other measures, issue
related to the use of internationally accepted standards or practices for the provision of certified electronic signature services, and electronic document storage services, or the provider refrains from performing any activity that jeopardizes the
integrity or good use of the service.
CHAPTER IV
ACCREDITATION AND DELIVERY OF CERTIFICATION SERVICES
General Requirements
Art. 43.-The certification service may be provided only by those legal persons, public or private, national or foreign, that comply with the requirements established in the laws that are competent to operate in the country, and that demonstrate for your authorization and throughout the period in which the certification services are provided
, comply with the following requirements:
a) Contar with sufficient technical capacity to ensure security, quality, and
reliability of the certificates issued, in accordance with the requirements contained in the rules techniques;
b) Contar with appropriate technical personnel with verifiable expertise in the field and experience in the service to be provided;
c) Possession of sufficient financial and economic capacity to deliver the services authorised as a provider of certification services. The above mentioned capacity will be measured not only by the equipment, inputs, licenses and other goods that
the certification service provider will provide to deliver its services, but also by working capital with which function. This will be done by the Electronic Signature Unit, through the audits and studies it deems appropriate, and will be reviewed
during the time of the supplier's operation;
d) Bail for an appropriate amount to the risk assumed by the provision of the certification services, which will be calculated according to the requirements defined in the
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this Law. This security will be used to compensate for the damages caused to the users of the certification services. The bail
will be reviewed annually taking into account changes in the level of risk assumed by the certification service provider;
e) Contar with an updated and efficient high availability information system, in the policies and procedures applied for the provision of its services, as well as the electronic certificates it has provided, revoked,
suspended or cancelled, and the applicable restrictions or limitations to these; and,
f) Meet the other requirements set forth in this Act.
Autonomous official institutions and other public institutions with their own legal status established in accordance with the laws of the Republic, are empowered to provide the regulated services
in this Law. These institutions must comply with the requirements set out in this article to be accredited.
These provisions will be mandatory for the institutions attached to the Ministry of Economy.
Accreditation of Certification Service Providers
Art. 44.-The Certification Service Providers shall present to the Electronic Signature Unit, together with the corresponding application, the documents certifying compliance with the
requirements stated in Art. 43 of this Law. Compliance with the requirements shall be verified by the Electronic Signature Unit, through an initial audit.
In relation to the requirements set out in paragraphs (a), (b) and (e) of Article 43, the applicant shall certify by in writing, the commitment to acquire the necessary specialised equipment and the appropriate technical personnel services within the maximum period of 90 working days, which may be extended for one time by a
equal period, by the Electronic Signature Unit, provided that the applicant demonstrates that the non-compliance is not attributable to him. If the time limit indicated, the applicant has not complied with the said commitment, the accreditation granted shall be terminated immediately.
The duration of the accreditation shall be for an indefinite period of time, provided that the compliance with the requirements set out in Art. 43 of this Law, which will be reviewed
annually at the time of the annual renewal, is demonstrated.
Equivalence of Certificates Issued Abroad
Art. 45.-Certificates issued by foreign electronic signature certification service providers
may be recognized on the same terms and conditions as established by this Act for national certificates, when they comply with the one of the following conditions:
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a) If certificates are recognized under agreement with other countries, either bilateral and multilateral, or carried out within the framework of international organizations of which
the country is a party;
b) If certificates are issued by duly certified service providers
their country of origin or institutions approved to the Electronic Signature Unit, which require for their standard recognition to ensure safety in the creation and regularity of the certificate, as well as its validity and validity; and,
c) It is established that such certificates were issued by a certification service provider that meets the minimum standards required by a provider of
electronic signature certification services registered with the Electronic Signature Unit;
Foreign electronic certificates that do not comply with the The above conditions shall not have the legal effects which are legally attributed to them in accordance with these regulations; however, they may constitute an element of conviction to value according to the rules of healthy criticism.
Starting the Activities of Certification Services Providers
Art. 46.-The accredited certification service provider that initiates its activities shall
give notice of this fact to the Electronic Signature Unit, no later than ten business days prior to such initiation.
Obligation to Notification
Art. 47.-Compliance with the requirements required by this Law to provide the services of
certification, must be ensured for the entire period in which the supplier carries out his activity. If circumstances arise within which this guarantee of compliance can no longer be maintained, the Electronic Signature Unit must be notified immediately.
When any modification of the legal person is raised, including Those relating to administration must be notified in a timely manner to the Electronic Signature Unit.
Obligations of Suppliers
Art. 48.-The certification service providers will have the following obligations:
a) Adopt the measures necessary to determine the accuracy of the certificates
electronic that they provide, the identity and the quality of the signatory;
b) Ensuring the validity, validity, legality and security of the electronic certificate that
provides;
c) Ensuring the adoption of the necessary measures to prevent the falsification of electronic certificates and of the certified electronic signatures that they provide;
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d) Verify the information provided by the signatory;
e) Create and maintain a updated file of the certificates issued in electronic means, for an indefinite period of time;
f) Ensuring to the users the necessary mechanisms for the exercise of the rights of access, rectification, cancellation and opposition;
g) Without prejudice to other obligations laid down in the Law of Consumer protection, must inform the stakeholders of their certification services, using understandable language, through their website and through any other form of access
public, the precise terms and conditions for the use of the electronic certificate and, in particular, any limitation on its liability, as well as the existing special procedures for resolving any dispute;
h) Ensuring authenticity, integrity and confidentiality of information, and documents related to services to provide. For such purposes, they shall maintain a
computer security system and reliable and secure backups of such information, in accordance with this Law, its regulations, and technical regulations and regulations;
i) notifications to inform the signatories and persons concerned and the necessary publications concerning the expiration, revocation, suspension or cancellation of the electronic certificates it provides, as well as any other aspect of the
relevance to the general public, relative to them;
j) Give notice to the Office of the Prosecutor General of the Republic, when in the course of its activities
has evidence of the commission of a crime;
k) renew annually the bail set out in Article 43, literal d) of this Law, prior to its
expiration; and,
l) Meet the other obligations set forth in this Act, your regulations, and other
technical rules and regulations.
Failure to comply with any of the above requirements will result in penalties established
in this Act.
Loss of Technology or Economic Capacity of the Providers
Certification
Art. 49.-When the certification service provider loses the technical or economic capacity
necessary to provide the service after the start of its activities, determined by audit or inspection the Electronic Signature Unit determine the time required to address these deficiencies.
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In the event of no such deficiencies, the penalties provided for in this Law shall apply.
Liability for Damage and Perjudgments
Art. 50.-The certification service providers shall be liable for damages
that cause their users, when they derive from the non-compliance with the obligations and requirements set out in this Law, their regulations, and other technical rules and regulations or non-compliance with their contractual obligations.
The certification service provider also assumes the obligation to compensate for acts imputable to third parties that have been entrusted by the performing services in compliance
of its functions.
For the liability for damages, will be observed in the Civil Code in
the right thing; however, it will be up to the certification service provider to prove due diligence.
Notification of the Cese Activities
Art. 51.-When the certification service providers decide to cease their activities, they shall notify the Electronic Signature Unit, at least 90 working days in advance of the
cessation date.
Economy through the Electronic Signature Unit, after receiving
the notification, will issue the corresponding resolution, through which the cessation of activities of the certification service provider is declared as service provider, without prejudice to any investigations which may be carried out in order to determine the causes that resulted in the cessation of the
activities of the provider, and the necessary measures to be taken in order to safeguard the rights of the users.
The Electronic Signature Unit will instruct the supplier to carry out the necessary to make the knowledge of the users and the general public, the cessation of these activities and to guarantee the preservation of the information, forbidding them to hire new users.
With the aim of ensure continuity of service until the end of the contract, the service provider certification will move its active users to another provider, prior
express consent of the user, without meaning additional cost for the latter.
If there is no possibility of transferring its active users to another supplier, must notify
to the users and to the Ministry of Economy, through the Electronic Signature Unit, to carry out the corresponding efforts for the extinction of the certificates. The compensation procedure will be regulated by the regulation of this Law.
The certification service provider must move to the Electronic Signature Unit, the database of the certificates, in electronic means referred to in Art. 48 (e) of this Law.
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In any case, the cessation of the activities of a certification service provider, will result in the cancellation of its registration, without prejudice to the payment of the outstanding economic obligations arising
of its functions.
CHAPTER V
REGISTRATION OF DOCUMENT STORAGE SERVICE PROVIDERS ICOS
Storage Services Prestor Record Electronic Documents
Art. 52.-The electronic document storage service may only be provided by those legal persons, public or private, who demonstrate compliance with the established requirements
in Art. 43 of this Law, both for their authorization, such as for the entire period in which electronic document storage services are provided.
Activities of Electronic Document Storage Services Prestors
Art. 53.-Electronic document storage service providers may
perform the following activities:
a) Offering electronic document processing and storage services;
b) Offering the file services and preservation of electronically stored documents; and,
c) Any other related activity, related to the storage of documents.
Obligations of the Storage Services Prestors Electronic Documents
Art. 54.-The providers of electronic document storage services shall have the following obligations:
a) Employing qualified personnel with the knowledge and experience necessary for the provision of the services of storage of electronic documents offered and the appropriate security and management procedures;
b) Contar with reliable systems and products that are protected against any alteration and that guarantee a high degree of security technique, as well as
electronic document storage processes that serve as support;
c) Ensuring protection, confidentiality, and due use of the information provided by the service user;
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d) Contar with a contingency plan that ensures the continued delivery of its services;
e) Use reliable systems to store electronic documents, to verify their authenticity and to prevent unauthorized persons from altering the data, and to detect any changes affecting these conditions security;
f) Keep the original document, for a period of at least ten years; and,
g) Contar with the declaration of electronic document storage practices set forth in Art. 15 of this Law.
Activities Cese
Art. 55.-Every service provider of electronic document storage, who decides to cease his activity, must communicate it to the Electronic Signature Unit, following the time and
procedure established in Art. 51 of this Law.
Services Prestors Responsibility
Art. 56.-The provider of electronic document storage services, will be liable for damages caused to users for the failure to comply with the obligations that are
set out in this Law, its regulations, and standards and technical regulations, corresponding to the service provider demonstrating that it has not failed to fulfil any of its obligations.
The storage service provider also assumes the obligation to compensate for acts attributable to third parties, which have been commissioned by him for the performance of his services in the performance of his functions.
For liability for damages, the rules of Common Law will be observed; however, it will be up to the certification service provider to test due diligence.
CHAPTER VI
OF ELECTRONIC CERTIFICATES
Certified Electronic Signature Authoring
Art. 57.-The electronic certificate guarantees the authorship of the certified electronic signature, as well as the authenticity, integrity, confidentiality and non-repudiation of the electronic document.
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Electronic Certificate Content
Art. 58.-The electronic certificate must contain at least the following information:
a) Identification of the holder of the electronic certificate, indicating its address and address
electronics;
b) Identification of the supplier of certification services provided by the certificate
electronic, indicating its address and e-mail address;
c) Date of accreditation and expiration assigned to the certification service provider
by the Unit of Electronic Signature;
d) Date of issuance and expiration of the certificate;
e) Serial number or certificate identification number;
f) The certified electronic signature of the certification service provider that issued the certificate;
g) Signature verification data, which must correspond to the information from your
creation and that are under the signer control;
h) Any information regarding the limitations of use, validity, and responsibility to the
that is submitted by the electronic certificate;
i) Indication of the certification path; and,
j) If the certificate has been issued by a person who has acted on behalf of a natural or legal person; in such a case, the certificate must include an indication
of the legal, public, or private authenticated document, which provides evidence of the signatory's powers to act on behalf of the physical or legal person you represent.
The lack of any of these requirements will invalidate the certificate.
Electronic Certificate Vigency
Art. 59.-The certification service provider and the signatory, by mutual agreement, will determine
the term of validity of the electronic certificate.
Cancellation of the Electronic Certificate
Art. 60.-The electronic certificate of the certified electronic signature may be cancelled by judicial decision, in accordance with the legal order. It can also be canceled by
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reasoned resolution issued by the Ministry of Economy through the Signature Unit Electronics, in any of the following assumptions:
a) That any of the data in the electronic certificate provided by the certification service provider is found to be false;
b) That the system be violated security of the certification service provider, and affecting integrity and reliability of the certificate;
c) That the signatory of the notice to the supplier, of the destruction or loss of the electronic certificate. In such a case, the certification service provider will proceed
immediately to the cancellation of the certificate; and,
d) By death, or presumed death, upon judicial resolution. For the case of person
legal in the cessation of their activities, by dissolution.
Procedure for Cancellation of an Electronic Certificate
Art. 61.-The Ministry of Economy through the Electronic Signature Unit, upon denunciation of the person concerned or on its own initiative, shall order an audience for three working days from the certification service provider, and with whatever answer or no, it shall be opened for for eight working days, in order to demonstrate
any of the situations referred to in the previous article; the end of the probative term, the Electronic Signature Unit shall issue reasoned resolution, within a period not exceeding ten working days, to determine whether cancellation of the certificate is appropriate for the electronic signature. This resolution
will support review facility and be resolved within fifteen business days, with the auto view.
CHAPTER VII
OF THE RIGHTS AND OBLIGATIONS OF USERS OF ELECTRONIC SIGNATURE SERVICES CERTIFIED AND ELECTRONIC CERTIFICATION
User Rights
Art. 62.-In addition to the rights recognized by the Consumer Protection Act and any other applicable regulations, the users or holders of the services regulated in this Law, will have the
following rights, as the case may be:
a) To be informed by the certification service providers, of the characteristics
general of the procedures of creation and verification of certified electronic signature, as well as of the rules on certification practices, and the others who are committed to continue in the provision of services, which must be
prior to the acquisition of the service;
b) To confidentiality in the information, in the cases in which the providers of certification services, and the storage of electronic documents decide to cease
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in your activities;
c) To be informed, prior to the issuance of a certificate, of the prices of the services, including additional charges and forms of payment, if any; of the precise conditions for the use of the services and of their limitations of use, and of the procedures
of claim and resolution of litigation;
d) The service provider provides you with information about your address in the country;
e) To be informed, at least ninety days in advance, by providers of certification services, and storage of electronic documents, for the purposes
of the closure of activities;
f) To transfer your data to another certification and storage service provider
of electronic documents, if they so request;
g) To which the supplier does not provide or grant unsolicited services; deteriorate the quality
of services contracted as inferiority; or additional services charged agreed; not to receive commercial advertising of any kind through the supplier, except express authorization of the user in all cases mentioned; and,
h) The cancellation of the certificate at the request of the user or his legal representative.
The violation of the rights provided for in this article constitutes a serious breach in the terms
outlined in the Consumer Protection Act, and will be sanctioned as such.
The determination of the infringement and the imposition of the corresponding sanction will be competence
of the Tribunal Sancionador de la Defensoria of the Consumer, and in accordance with the procedure provided for in the Consumer Protection Act, as applicable.
User Obligations
Art. 63.-Users or holders of certified electronic signatures, and of storage of
electronic documents, shall be required at the time of providing the data of their personal identity or other circumstances certification, to:
a) Provide truthful and complete declarations;
b) Appropriately Custoside the system's operating security mechanisms
of certification provided by the provider and update its data in the In the case of the Commission, the Court of the Court of the European Court of arising from the failure to comply with these obligations; and,
c) To request the suspension or revocation of the certificate in due time, in any event that may have compromised the privacy of the electronic signature creation data
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TITLE IV
UNICO CHAPTER
OF VIOLATIONS AND SANCTIONS
Infractions applicable to Certification Service Providers, and Electronic Document Storage
Art. 64.-Certified electronic signature certification service providers and Electronic Document Storage Service Providers, accredited by the MINEC Electronic Signature Unit, will be subject to the sanctioning set in this Act.
Classification of Infrastructures
Art. 65.-Violations of providers, both certified electronic signature certification services, and electronic document storage services, will be classified as mild, severe and very serious.
1. Minor infractions are considered:
a) Issue the electronic signature certificate without meeting the requirements set forth in Art.
58 of this Act;
b) Failure to comply with the requirements of Art. 14 of this Law for the storage
of electronic documents when the service is granted by service providers accredited by the Electronic Signature Unit;
c) Not making the declaration of storage practices available to the public of electronic documents;
d) Issue electronic certificates to persons set out in Art. 26 of this Act;
e) Skip the registration of certificates issued;
f) Omit revocation and suspension, in form or time, of a certificate where appropriate; and,
g) Failure to establish in the technical regulations and regulations issued by the Electronic Signature Unit.
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2. Serious infringements are considered:
a) Non-compliance with service providers, obligations established for the cessation of their activity;
b) Unjustified refusal or obstruction, inspection of the Signature Unit Electronic, as well as the lack or lack of presentation of the information requested by it, in its function of supervision and control;
c) The non-compliance with the resolutions and regulations of this Law, issued by the MINEC;
d) (a) to supplement the economic or technical deficiencies which will give rise to the actions provided for in Article 49 of the
e) Do not renew the required guarantees with the aim of ensuring damages that could be caused to the users of electronic document storage and certification services;
f) technological capacity to suspend, cancel or revoke the electronic certificates it provides, according to an opinion issued by the Electronic Signature Unit; and,
g) To provide false information, when requested by the Firm Unit Electronics.
3. Serious violations are considered:
a) Violating the secret of the communication covered by electronic signatures of its users;
b) Revealing personal information of its clients to third parties, without the express consent
of these, except in cases where it is bound by Law;
c) The breach of the provisions of Art. 5 of this Law on the processing of personal data
personal; and,
d) Failure to comply with any of the obligations laid down in this Law Law, when a
judicial or administrative judgment establishes that damages have been caused economic to users or third parties.
Sanctions
Art. 66.-For the commission of the infractions established in the previous article, the MINEC by means
of the Unit of Electronic Signature, will impose the following sanctions:
a) Multa of 1 to 10 minimum monthly wages of the commerce sector and service, by the commission of minor infractions;
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b) Multa of 11 to 50 minimum monthly wages of the trade and service sector, by the Commission of serious infractions; and,
c) Multa of 51 to 100 minimum monthly wages of the trade and service sector, by the commission of very serious infractions.
The reiteration, within two years, of two or more serious infractions (i) the provision of services for the provision of services is subject to the
electronic signature
services, and electronic document storage services.The very serious infringement, once the prohibition referred to in this article is lifted,
will contain the final cancellation of the provision of certification services for electronic signatures.
For the imposition of sanctions, the seriousness of the violations will be taken into account,
as well as its recidivism and the damage caused to the
Procedure and Resource
Art. 67. For the imposition of the penalties for violations of this Law, the Electronic Signature Unit shall instruct the respective file by reasoned resolution, which shall contain the description of the sanctionable conduct, the identification of the alleged infringer and the relationship of the evidence with which
is counted to determine the corresponding liability.
The resolution referred to in the preceding paragraph shall be notified to the alleged offender,
who shall, within three working days of such notification, express its in accordance with the facts attributed, presenting the relevant evidence of discharge, or requesting the verification thereof. If the alleged offender requests it, or the administration deems it necessary,
the procedure will be opened for the term of eight working days. After that period, the appropriate resolution shall be delivered.
The resolution of the sanctioning process shall admit an appeal to the Minister for Economic Affairs within five working days of the day following his or her notification; the resource must be resolved within ten business days, the administrative path being exhausted.
TITLE V
UNICO CHAPTER
FINAL PROVISIONS
Law Enforcement Regulation and its Technical Standards and Regulations
Art. 68.-The President of the Republic shall issue the Implementing Regulation of this Law, no later than one hundred and eighty days after its validity.
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The Electronic Signature Unit will issue technical regulations and regulations within a period of time. greater than one hundred and eighty days from the validity of the same.
Prevalence About Other Laws
Art. 69.-The provisions of this Law shall prevail over any other than the contrarien.
Transitional Provision
Art. 70.-All natural or legal persons, who at the time of entry into force of this Law are providing services of certification or storage of electronic documents, will have a period of not more than one year to adapt to the compliance with the requirements set by
the same, in order to continue to provide that service.
Vigency
Art. 71.-This Decree will enter into force one hundred and eighty days after its publication in the Official Journal.
GIVEN IN THE BLUE HALL OF THE LEGISLATIVE PALACE: San Salvador, one of October of two thousand fifteen.
LORENA GUADALUPE PEÑA MENDOZA, PRESIDENT.
GUILLERMO ANTONIO GALLEGOS NAVARRETE, ANA VILMA ALMASEZ DE ESCOBAR, FIRST VICE PRESIDENT. SECOND VICE-PRESIDENT.
JOSÉ SERAFIN ORANTES RODRÍGUEZ, NORMAN NOEL QUIJANO GONZÁLEZ, THIRD VICE-PRESIDENT. FOURTH VICE-PRESIDENT.
SANTIAGO FLORES ALFARO, FIFTH VICE PRESIDENT.
GUILLERMO FRANCISCO MATA BENNETT, DAVID ERNESTO REYES MOLINA, FIRST SECRETARY. SECOND SECRETARY.
MARIO ALBERTO TENORIO GUERRERO, REYNALDO ANTONIO LÓPEZ CARDOZA, THIRD SECRETARY. FOURTH SECRETARY.
JACKELINE NOEMI RIVERA AVALOS, JORGE ALBERTO ESCOBAR BERNAL, FIFTH SECRETARY. SIXTH SECRETARY.
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ABILIO ORESTES RODRÍGUEZ MENJÍVAR, JOSÉ FRANCISCO MERINO LÓPEZ, SEVENTH SECRETARY. EIGHTH SECRETARY.
CASA PRESIDENTIAL: San Salvador, at twenty-one day of the month of October of the year two thousand fifteen.
PUBESLOSE, Salvador Sánchez Cerén, President of the Republic
Tharsis Salomon López Guzmán, Minister of Economy.
D. O. N ° 196 Took N ° 409 Date: 26 October 2015
SV/adar 25-11-2015
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