1 DECREE No. 133
THE LEGISLATURE OF THE REPUBLIC OF EL SALVADOR, CONSIDERING
I. That Article 101 of the Constitution of the Republic establishes that the State must promote economic and social development through
increasing production, productivity and the rational use of resources. Consequently, you must create the legal instruments that promote the use of information and communications technologies. .
II.- That Article 2 of the Constitution of the Republic recognizes that everyone has the right to legal certainty; so the state must create a legal framework that provides security
users of electronic communications and transactions authorized by applications technology or electronic subscription thereof, providing legal validity.
III.- That the development of information and communication technologies has become a strategic factor that improves the efficiency of education, promotes competitiveness and economic growth of peoples; also
raises the quality of life of citizens by allowing the inclusion of more people into the productive system, why our country, through this Act, aims to promote the use of such technologies to promote || | dynamism and economic development, incorporating the global environment in which safe interactions within the information society occur.
in exercise of its constitutional powers and initiative of the President of the Republic, through the Minister of Economy
DECREES the following:
2 TITLE I
GENERAL PROVISIONS CHAPTER I PURPOSE AND SCOPE
Object Art. 1. The subject matter of this Act the following:
a) Equating the simple electronic signature and electronic signature certified with the handwritten signature;
B) grant and recognize effectiveness and legal value to the electronic signature certified data messages and all information in electronic form that are signed with a certified electronic signature, regardless of
support materials; and
c) Regulate and control regarding providers of electronic certification services, electronic certificates and service providers
electronic document storage. Neutrality
Technology and Functional Equivalence Art. 2. The regulations of this Law shall apply to electronic communication, electronic signature and electronic signature certified simple, or any electronic format, regardless of their technical characteristics
or technological developments that occur in the future; its standards will be developed and progressively interpreted, provided they are founded on technological neutrality and functional equivalence.
CHAPTER II DEFINITIONS AND GENERAL PRINCIPLES
Definitions Art. 3. For the purposes of the application of this Act, the following definitions shall apply:
Accreditation: The authorization granted by the competent authority established by this Act, the certification service providers to operate and provide electronic certificates, and
service providers electronic document storage, after fulfilling the requirements and conditions set out in this Act.
Electronic Certificate: Document provided by a certification service provider that gives certainty to the electronic signature certified, ensuring the association of the person with such
Personal data: Any numerical, alphabetical, graphic or photographic or any
other information concerning natural persons identified or identifiable.
Public Outreach Personal Data: Data that do not affect the privacy of the holder
itself, as data on the family status of the person among others, and which may be contained in public records.
Recipient: The person designated by the sender to receive the data message, but that is not acting as an intermediary with respect to that message.
Electronic document: All data message, sent, received or archived by electronic, optical or any other technology, part of an electronic record means.
SIGNED: Mark or sign that a person writes his own hand in an instrument or document to secure or authenticate the identity of a person as evidence of consent and verification of the information contained in that instrument.
Simple Electronic Signature: Data in electronic form, recorded in a data message, or logically associated with, that can be used to identify the signatory in relation to the data message and indicate the signatory's approval information contained in the data message.
Certified Electronic Signature: Data in electronic form, recorded in a data message, or logically associated with, allowing the identification of the signatory, and the data
signature creation are in exclusive control signatory, allowing detectable any further content data message modification.
Signer: The person who owns the data of signature creation and acting in his own name or the person it represents.
Initiator of a data message means any person who, under the message, acted on their own to send or generate that message before being filed, if this is the case is understood, but has not acted title intermediary with respect to it.
Message Data: The information generated, sent, received, stored or communicated by electronic or similar means of communication, which may contain electronic documents.
Service Provider Certification: Legal person authorized by the competent authority, dedicated to issue electronic certificates and other activities under this Act
Storage Service Provider Electronic Document. Legal person authorized by the competent authority , by the nature of its business, it provides storage services of electronic documents.
Signatory: A person who has a device for creating electronic signature certified and acting on its own behalf or on behalf of a natural or legal person represents.
General Principles Art. 4. The activities regulated by this Act shall be governed by the following principles:
a) Authenticity, with which ensures that the message is reliable and this warranty lasts through time;
B) Integrity, for which certainty is given that the data received electronically not been modified in transit, from the initiator to the recipient;
C) Confidentiality, whereby the initiator and recipient ensures that electronic messages will not be known to third parties without their express permission;
D) Functional Equivalence is to be observed in the archived documents and communicated electronically, those requirements that are required in the documents submitted in writing and set forth on paper, in order to determine how to meet their
objectives and functions;
E) No Repudiation, by which it is guaranteed that when a message has been signed with electronic signature
certified in accordance with the provisions of this Law, can not be repudiated by the person authorship initiator ;
F) Technological neutrality, Sustains non-discrimination between technologies, to the extent that they consist secure means through which it is possible to fulfill the duties under the Act; and
g) security, certainty and legality that the signer and accredited person has been properly identified, ensuring availability, integrity, confidentiality,
authentication, non-repudiation and proper use of the information that resides on a computer system.
Rules for the Treatment of Personal Data
Art. 5. The processing of personal data that require service providers
certification service providers and storage of electronic documents for the development of such activities shall be subject to the following rules:
a) To issuing electronic certificates to the public and for the storage of electronic documents, service providers may collect personal data only directly from the signatories. It prohibits personal user data are transferred;
b) The data required are only those required for the issue and maintenance of electronic certificate and the provision of services in connection with electronic signature certified
. The holder may request the correction or deletion of personal data when they WHATSOEVER inaccurate or incomplete; and
c) The registrar data and those involved at any stage of processing of personal data, are obliged to confidentiality thereof and the duty to protect them. These obligations shall continue even after
end its relationship with the responsible data recording. CHAPTER III
EQUIVALENCE AND LEGAL VALUE OF ELECTRONIC SIGNATURE
Equivalence and legal value of electronic signatures
Simple Art. 6. The simple electronic signature has the same legal validity as a handwritten signature. As for its legal effect, the simple electronic signature will have no probative value in the same terms to those granted by this Act to the electronic signature certified; however, they may be an element of conviction
accordance with the rules of sound judgment. TITLE II
MESSAGES AND DOCUMENTS ELECTRONIC
GENERAL PROVISIONS CHAPTER I
Equivalence Functional Art. 7. The data message using certified electronic signature, whatever their means of transmission or storage, will have the same legal validity equivalent to the content of those conventionally
issued; ie to be granted, stored or transmitted by physical means. Electronically stored documents under this Act and duly certified copies shall have the same legal value as the original documents; They shall be subject to legal regime
of the original and may be challenged in the same way as the latter.
Equivalence of Electronic Support Documents
Art. 8. The documents electronically using electronic signatures have the same value as those contained in the traditional manner. Excluded those actions for improvement require special formalities and solemnities.
public documents issued in Electronic Media
Art. 9. Public documents issued by state institutions may be contained in electronic media and will have the value assigned by the legal system for this class of documents.
Evidentiary Value of Private Electronic Documents
Art. 10. When the private document was generated with certified electronic signature and refers to legal acts by this Law are not excluded by, the value is the same as recognized in traditional way. Documents
Art Conservation. 11. If according to legal act or provisions of the legal system, requires that the information is kept in the way originally been issued, it is understood that an electronic document meets that requirement if the electronic signature certified shows that the
document has not been altered.
Documents may be presented in a different medium in case of destruction of electronic media that originally contained.
Forms Document Conservation
Art. 12. Compliance with the obligation to retain documents, records or information in electronic documents, you can perform on their own or through third parties.
Any legal, national or foreign, to perform storage of electronic documents from third parties, must register as a service provider of electronic document storage to the competent authority.
Natural and legal, national or foreign persons performing self storage of electronic documents with the interest that these documents have legal value
granted by this Act, shall meet the minimum requirements set out therein , its regulations, and standards and technical regulations to be issued to that effect.
Keeping Requirements Document
Art. 13. If the Act requires that the information contained in a data message in writing,
that requirement is met if the information contained in the data message is available for later reference.
When the law requires that certain acts or legal transactions are in writing and that its support remains accessible, preserved or archived for a certain period of time, they shall be subject to the relevant laws, established by an electronic file that meets with the following requirements:
a) that the information contained therein can be consulted later;
B) retain the format in which it was generated, filed or received, or in a format which can be demonstrated to represent accurately the information generated or received; and
c) To keep full, complete and unaltered any data to determine the origin and destination of the data message, the date and time it was sent or received.
When the deadline for its conservation was not covered by the law, the proper procedure for treatment under the regulations to be issued in this respect it will be established.
Minimum guarantees that must comply with the Storage System for Electronic Document
Art. 14. By submitting the document to electronic storage, it should be preserved in a suitable medium. The procedure used for the storage of electronic documents should ensure
a) electronic documents are stored in a clear, complete, safe and with absolute fidelity;
B) can be accurately determined date and time in which a document was stored electronically;
C) The recovery of the electronic document; and
d) meets the technical rules and regulations established by the competent authority.
The omission of any of these requirements, as well as alteration or adulteration affecting the integrity of the media or electronic document in which the information has been stored, will lose legal value this Act gives the documents stored electronically.
Practice Statement Document Storage
Art. 15. Any legal person performing storage of electronic documents to third parties, draw up a declaration of storage practices, which detail within the framework of this Act and its regulations, the following information:
a) obligations undertake to comply in relation to the management of electronically stored documents;
B) The conditions governing the application, conversion and storage of electronic documents;
c) The necessary technical, physical and organizational security;
D) The result of the last audit system storage of electronic documents, except for those companies that have first been authorized by the competent authority;
E) The limits of liability for storing electronic documents;
F) The list of rules and procedures for electronic document storage; and
g) Any other information the Unit Electronic Signature of the competent authority requests through standards and technical regulations.
The practice statement storage of electronic documents will be provided to the competent authority for approval, as provided in Art. 43 of this Act and
should be available to the public electronically or by any other means, and for free. Electronic Document Certification
Art. 16. Reproductions, microfiche, records or certifications that may result from the use of any storage system allowed electronic documents by this Act, shall be certified by the responsible for the file or public or private office that holds custody.
Stored Document Recognition Abroad
Art. 17. The electronic documents stored by a foreign service provider that provides storage services storage of electronic documents, may be recognized under the same terms and conditions required by this Act if they are supported by a service
service national electronic document storage previously authorized by the competent authority.
Supervision and Control Art. 18. All service provider storing electronic documents
provide services to third parties, is subject to the supervisory powers and control unit Electronic Signature of the competent authority for the purposes of ensuring compliance with the corresponding obligations established by this Act and its regulations, and standards and technical regulations issued
9 CHAPTER II
OF ISSUANCE AND RECEIPT OF DATA MESSAGES
Verification of Emission Data Message
Art. 19. It is understood that a data message, the originator when it has been sent by
a) The originator itself or the person who represents, when the document indicating his electronic signature
b) By an information system programmed by the initiator or under its authorization to
operate automatically when the document stating its simple or certified electronic signature.
Rules for Determining Message Receipt
Art. 20.- receipt of the message shall be presumed when its receipt by the receiving system it is found, and will occur when the data message enters the recipient's repository, and
would find it available for access.
transmission and reception Art. 21. If not otherwise agreed between the originator and the addressee, a data message is to be dispatched at the place where the originator has its registered office and received at the place where the
Recipient has his; and if they do not, the address recorded in the register of certification service provider shall apply, and failing, designated by common law.
Acknowledgment of receipt Art. 22. If sending or before sending a data message, the originator requests or agrees with
the addressee that receipt of acknowledgment message data, but has not been agreed between them one way or certain method to make that adjustment, acknowledgment may be given by:
a) Any communication by the addressee, automated or not; and
b) Any act of the addressee, sufficient to indicate to the originator that has received the data message
If the originator has requested or agreed with the addressee that receipt of the data message acknowledgment
and expressly indicated that the effects of the data message is conditional on receipt of an acknowledgment of receipt shall be considered that the data message has not been sent, while it has not received the acknowledgment.
TITLE III CERTIFIED ELECTRONIC SIGNATURE AND ELECTRONIC CERTIFICATES CHAPTER I
GENERAL PROVISIONS Requirements and Effects of Electronic Signature
Certified Art. 23. The certified electronic signature must be supported by a reliable method of creation and verification and secure, so that it is unchangeable, alerting the recipient in case of change of information, after being signed by the signatory.
Certified electronic signature has the following effects:
a) Binds a data message with the owner, exclusively;
B) allows the unequivocal verification of authorship and identity of the signatory; and
c) Ensures that signature data are under the exclusive control of the signatory.
Probation Legal Effects Art. 24.- certified electronic signature shall have equal validity and the same legal effect and evidentiary
as a handwritten signature in relation to data contained in a document or electronic data message as may be employed.
In any case, in assessing the probative value of an electronic document, the reliability of the way has been generated, stored, communicated, and which has preserved the integrity of the information will be present. Presumptions
Electronic Signature Certified Art. 25. The use of certified electronic signature that meets the requirements of this Act, unless the contrary, presumes the following:
a) certified electronic signature belongs to the owner thereof; and
b) the data message associated with the electronic signature certified
has not been modified since the time of shipment, if the result of the verification procedure indicates this.
Disabling the Use of Electronic Signature
Certified Art. 26.- may not apply for electronic certificates and make use of electronic signatures certified minors and incapable accordance with the rules of the common law, and prisoners have been convicted.
Application and Use of Electronic Signature Certified Representatives of People Natural
Art. 27. For the leaders of natural persons, only those certified electronic signature, after verification of such quality by the certification service provider, will be used through the submission of relevant legal documents pursuant to || | sufficient legal system and power quality evidencing such circumstance to be incorporated in the certificate to be extended, and the limits of its powers.
Request for Use of Electronic Signature Certified Representatives of Legal Entities
Art. 28. Electronic legal certificates for electronic devices in an enterprise, such as computers, servers, among others, people must be requested through its directors and legal representatives with sufficient power.
Keeping creation data certified electronic signature associated with each electronic certificate of legal person, shall be the responsibility of the applicant natural person whose identification is included in the electronic certificate.
The legal person under the law applicable to their nature and constitution, impose limits to consider because of amount or material for the use of signature creation data
certified electronics. These limits shall appear on the electronic certificate.
They understood made by the legal person acts in his electronic signature
Certified had been used within the limits established under the law applicable to their nature and constitution. S i certified electronic signature is used transgressing those limits, the legal person shall be bound towards third parties and will apply the provisions of the relevant legislation
CHAPTER II USE OF ELECTRONIC SIGNATURE BY GOVERNMENT BODIES Use of Electronic Signature
Simple Art. 29. The authorities, officials and state employees that provide public services, execute or carry out acts within its field of competence, may subscribe them through simple electronic signature.
12 Use of Electronic Signature
Certified Art. 30. In cases where officials or employees of state issued any document or perform administrative acts in which rights are granted, punish, or constitute confidential information, according to Art. 24 of the Law on Access to Public Information to administered
you will need to use certified electronic signature. The certification service provider shall specify in the certificate the quality with which it signed electronically, and the limits of their competence. Excepted
use of electronic signatures certified in those activities for which the Constitution of the Republic or the Laws require some solemnity that is not likely to be met by
electronic documents, data message or electronic signature certified .
Validity of Acts and Contracts
Art. 31. The acts and documents of state institutions that have the quality of public
instrument may be signed by electronic signature certified.
Electronic interaction between Managed and Public Officials
Art. 32.- managed to relate or communicate electronically with state institutions may use certified electronic signatures.
Communications Acts of Art. 33. Any state institution, provided it has the appropriate technological infrastructure, must make communications electronically using electronic
simple signature, acts such as subpoenas and notices, as long as the recipient of public services would authorized the media. Such authorization shall take effect as the recipient does not communicate a change in this respect.
Conservation, Registry and File
Art. 34. State institutions may provide conservation, recording and archiving of any action under its jurisdiction, through electronic systems.
Such files and records will replace the physical records for all intents and purposes, it being necessary for it to meet the requirements of this Law and other relevant laws.
State institutions may hire any service provider of electronic document storage that meets the technical and legal conditions laid down in this Act, its regulations and standards and technical regulations.
13 CHAPTER III
COMPETENT AUTHORITY Authority Control and Surveillance
Art. Believe 35.- Unit Electronic Signature as part of the Ministry of Economy, in the text of this Law may be shortened MINEC. The Minister shall appoint the official who is in charge of this Unit
who must meet the requirements established for this purpose in the regulations of this Act.
From Unit Electronic Signature
Art. 36.- Unit Electronic Signature will be the registering authority and accrediting root, and the competent
for accreditation, control and surveillance of providers of electronic certification services and electronic document storage, in accordance with this Act , rules and standards and technical regulations.
Skills Unit Electronic Signature
Art. 37.- Unit Electronic Signature shall have the following powers:
a) Develop technical standards and regulations necessary for implementation of this Law, in coordination with the Salvadoran Agency
Technical Regulations (OSARTEC ) and the Salvadoran Standardization Organization (NSO);
B) grant, recording or revoke accreditation of certification service providers
service providers and electronic document storage, once the formalities and fulfilled requirements of this Act, its regulations and other rules and technical regulations;
C) To validate electronic certificates issued for service providers certification and storage of electronic documents;
D) To monitor, verify and inspect the certification service providers and service providers of electronic document storage,
comply with the requirements contained in this Act, its regulations and rules and regulations technical applicable;
E) Raising the fees established by this Act;
F) Impose sanctions established in this Act;
G) Impose fines provided for in this law, which will enter the General Fund of the Nation;
h) Coordinate and represent the country against the national and international organizations on any aspect related to the subject of this Act;
I) instruct its own initiative or upon request, substantiate and decide the administrative procedures relating to alleged breaches of this Act;
J) Report to the Attorney General's office of the Republic, when it has evidence of a crime;
K) Require certification service providers and service providers storing electronic documents or users, any information it deems necessary and is related to matters relating to the scope of their
L) To keep updated on the institutional website, the list of service providers
certificates and electronic document storage, and make publications;
M) Define and perform the procedures for receiving and resolving complaints; and
n) The others established by this Law, its regulations, and other standards and technical regulations. Conformation
Technical Advisory Committee Art. 38. Technical Advisory Committee is hereby established in order to advise the Ministry of Economy regarding the Law on Electronic Signature.
The Committee may be consulted on any aspect of the application and implementation of this Act, and shall meet at least once every three months; its functions shall be governed by the regulations of this Act
The Committee shall consist of one owner and their respective alternates, of the following institutions and bodies
a) The Head of Unit Electronic signature Ministry of Economy, who will preside;
B) The Superintendency of Competition;
C) The Directorate of Technological Innovation and Information Technology of the Presidency of the Republic;
D) The General Superintendency of Electricity and Telecommunications;
E) The Consumer Advocate;
f) Of the union of private enterprise with legal personality related to the purpose of this Act;
G) Universities accredited by the Ministry of Education; and
h) Non-governmental organizations with legal personality related to the object of this Act.
In the case of subparagraphs f), g) and h) of the preceding paragraph, the nominees will be selected and nominated by each institutions according to its domestic law, established in the regulations of this Act the procedure for appointment.
The tenure of the members of the Committee shall be honorary, which will be appointed for a period of three years.
Requirements for membership of the Technical Advisory
Art. 39. Members of the Advisory Technical Committee of the institutions and bodies must meet the following requirements to hold office:
a) Be of recognized integrity;
B) Be of recognized competence to hold the office;
C) Have knowledge and / or experience in the field; and
d) No conflicts of interest with the regulations of this Act.
Audits and Inspections Art. 40.- For the proper fulfillment of the powers granted by this Act, the Ministry of Economy through the Electronic Signature Unit held, directly or contracting, audits of certification service providers, and service providers | || electronic document storage.
Fees Art. 41.- Applicable to accredit certification service providers rate, and service providers storing electronic documents, shall be collected by the Ministry of Economy
The rates are as follows:
a) The inscription cause in respect of payment of fees, the equivalent of four monthly minimum wages of trade and service sector; and
b) annual renewal, the applicable rate shall correspond to two monthly minimum wages of trade and service sector.
Measures to Ensure Certification Services
Art. 42. Electronic Signature Unit of the Ministry of Economy, shall take the necessary measures to ensure the reliability of the services provided by service providers certified electronic signature preventive measures, and service providers
storage of electronic documents , which must be highly available.
To that end, it shall issue the necessary technical regulations and standards and, inter alia, the issue
related to the use of internationally accepted standards or for the provision of electronic signature services certified practices, and services storage of electronic documents, or the supplier refrain from any activities that endanger the integrity or
good use of the service. CHAPTER IV
OF ACCREDITATION AND PROVISION OF CERTIFICATION SERVICES
General Requirements Art. 43.- The certification service can only be provided by those entities, public or private, national or foreign, who meet the requirements of the relevant laws to operate in the country, and demonstrate for their authorization and all period rendered
certification services, meet the following requirements:
a) Have sufficient technical capacity to ensure the safety, quality and reliability
certificates issued pursuant to the requirements in technical standards;
B) Have adequate technical personnel with verifiable expertise in the field and experience in the service to be provided;
C) Possess sufficient to provide authorized as service provider certification services economic and financial capacity. The above capacity will be measured not only by the equipment, supplies, licenses and other assets with which count
the certification service provider to provide services, but also for working capital with which it will work. This finding is done by the Unit Electronic Signature through audits and studies it deems appropriate, and will be reviewed
during the operating time of the supplier;
D) To submit bail in an adequate amount to the risk assumed by the provision of certification services, which shall be calculated according to the requirements defined in
regulations of this law. This deposit will be used to compensate the damages that users ocasionasen certification services. The
deposit will be reviewed annually taking into account changes in the level of risk assumed by the certification service provider;
E) Have a system of high availability information, updated and efficient, in which the policies and procedures applied for the provision of their services are published, as well as electronic certificates that it has provided, revoked, || | suspended or canceled and any restrictions or limitations applicable to them; and
f) Meet the other requirements of this Act.
The autonomous official institutions and other public institutions with legal status established under the laws of the Republic, are authorized to provide regulated services
in this Act. these institutions must meet the requirements set out in this article to be accredited.
These provisions are binding on the institutions under the Ministry of Economy.
Accreditation of Certification Service Providers
Art. 44.- Certification Service Providers submitted to the Electronics Unit, together with the corresponding application Signature, documents proving compliance with
requirements in Art. 43 of this Act. Compliance with requirements it will be verified by the Unit Electronic Signature through an initial audit.
With regard to the requirements set out in subparagraphs a), b) and e) referred to Art. 43, the applicant shall demonstrate written commitment to acquire the equipment necessary expertise and appropriate technical personnel services within a maximum period 90 working days, renewable only once for a period equal
for Electronic Signature Unit, provided the applicant shows that the failure is not attributable to him. If after that period, the applicant has not fulfilled that commitment, he shall immediately revoke the accreditation granted.
The term of accreditation is for an indefinite period, provided that compliance with the requirements of Art is demonstrated. 43 of this Law, which will be reviewed annually
be requested at the time of annual renewal .
Equivalence of Certificates issued abroad
Art. 45.- The certificates issued by providers of electronic signature certification
foreigners, may be recognized under the same terms and conditions established by this Act for national certificates, when one of the following conditions:
a) If the certificates are recognized under agreements with other countries, whether bilateral or multilateral, or carried out in the framework of international organizations of which the country is part
B) If the certificates are issued by certification service providers
duly endorsed in their country of origin or homologous to the Unit Electronic Signature, which require recognition for standards that ensure safety in building institutions and regularity of the certificate and its validity and effectiveness; and
c) stating that such certificates were issued by a certification service provider that meets the minimum standards required for a provider of services
certification of electronic signatures registered in Unit Electronic Signature;
Foreign electronic certificates that do not meet the conditions above-mentioned lack the legal effects that are legally attributed to these standards; however, they may be an element of conviction to assess accordance with the rules of sound judgment.
Home Activities Certification Service Providers
Art. 46. The service provider accredited certification to start its activities
must give notice of this fact to the Electronic Signature Unit, no later than ten before that start business days. Notification Obligation
Art. 47. Compliance with the requirements of this Act to provide services
certification, you must make sure throughout the period in which the supplier carries on business. If circumstances arise in which this guarantee compliance can no longer be maintained, must be notified immediately to the Unit Electronic Signature.
When any modification of the legal person is raised, including those relating to the administration, it shall be promptly notified to the Unit Electronic Signature.
Obligations of Suppliers Art. 48.- certification service providers have the following obligations:
a) Take the necessary steps to determine the accuracy of the electronic certificates that provide
measures, the identity and quality of the signatory;
B) To ensure the validity, effectiveness, legality and safety of the electronic certificate
C) Ensure the adoption of the necessary measures to prevent counterfeiting of electronic certificates and electronic signatures certified to provide;
d) Verify the information provided by the signatory;
E) Create and maintain an updated electronic certificates issued for consultation file for an indefinite period;
F) Ensure users the necessary mechanisms for the exercise of rights of access, rectification, cancellation and opposition;
G) Notwithstanding other obligations under the Consumer Protection Act, must inform interested parties of its certification services, using understandable language, through its website and through any other form of access
public, the precise terms and conditions for the use of electronic certificate and, in particular, any limitation on its responsibility and special procedures exist to resolve any dispute;
H) To guarantee the authenticity, integrity and confidentiality of information and related services to provide documents. For this purpose, they must maintain a
computer security system and safe and reliable backups of this information in accordance with the provisions of this Act, its regulations, and standards and technical regulations;
I) Carry out notifications to inform the signatories and stakeholders and the necessary publications, on expiration, revocation, suspension or cancellation of the electronic certificates to provide, as well as any other aspect of relevance to
general public, in connection therewith;
J) Give notice to the Attorney General of the Republic, when developing their activities
has evidence of the commission of an offense;
K) annually renew the bond established in Article 43, paragraph d) of this Act prior to its expiration
l) To comply with other obligations under this Act, its regulations, and other
standards and technical regulations.
The breach of any of the above requirements will lead to the penalties provided in this Act
Loss or Economic Technological Capacity Providers Certification Services
Art. 49. When the certification service provider loses the technical or economic
necessary to provide post-service start of its activities capacity, determined by audit or inspection Unit Electronic Signature determine the time needed to supply these deficiencies.
Failure to meet these deficiencies, the penalties provided in this Act
Liability for Damages Art
apply.. 50.- certification service providers shall be liable for damages
thereby placing its users when arising from a breach of the obligations and requirements of this Act, its regulations, and other rules and regulations or technical breach of its contractual obligations.
The certification service provider also assumes the obligation to compensate for acts attributable to third parties who have been commissioned by him to perform services in fulfilling their duties
For liability for damages, it will be observed the provisions of the Civil Code
it pertains; however, it will be up to the service provider certification test due diligence. Notification
Activities Cease Art. 51. When the certification service providers decide to stop their activities, shall notify the Unit Electronic Signature, at least ninety working days prior to the date of cessation
The Ministry of Economy through the Electronic Signature Unit, after receiving notification
, issue the corresponding resolution, by which the cessation of activities of certification service provider is declared as a provider of that service, subject to the investigations that can be performed to determine the causes of the cessation of activities
supplier, and adopt measures necessary in order to safeguard the rights of users.
Unit Electronic Signature order the dealer to perform the necessary steps to make the knowledge of users and the general public, the cessation of these activities and to ensure the preservation of information, prohibiting him recruit new users.
In order to ensure continuity of service until the end of the contract, the certification service provider users move their assets to another provider,
prior express consent, without implying additional cost to the latter.
If there is not possibility of transferring its assets to another provider users, you must notify
users and the Ministry of Economy, through the Electronic Signature Unit, to carry out the necessary arrangements for the extinction of the certificates. The compensation procedure shall be governed by the regulations of this Act.
The certification service provider shall remove the Unit Electronic Signature, the database of certificates in electronic media that the letter refers to e ) of Art. 48 of this Law.
In any case, the cessation of activities of a certification service provider, entail the cancellation of registration, subject to payment of outstanding financial obligations arising
of their duties.
CHAPTER V REGISTRATION OF PROVIDERS OF ELECTRONIC DOCUMENT STORAGE
Registry Services Provider Electronic Document Storage
Art. 52.- service electronic document storage, only be provided by those entities, public or private, to demonstrate compliance with the requirements
in Art. 43 of this Act, both for authorization and during entire period in which services of electronic document storage are provided.
Activities of Service Providers Electronic Document Storage
Art. 53.- service providers storing electronic documents may
Perform the following activities:
a) Provide services processing and storage of electronic documents;
B) To provide file services and storage of electronically stored documents; and
c) Any other related activity related to document storage.
Obligations of Service Providers Electronic Document Storage
Art. 54. Service providers of electronic document storage, have the following obligations:
a) Employ qualified personnel with the knowledge and experience required for the provision of services offered electronic document storage and safety procedures and appropriate management;
B) Have reliable systems and products which are protected against modification and ensure a high degree of technical safety, as well as processes
storage of electronic documents that support;
C) Ensure the protection, confidentiality and proper use of the information provided by the service user;
d) Have a contingency plan to ensure the continued provision of services;
E) Use reliable systems for storing electronic documents to verify their authenticity and prevent unauthorized persons from altering the data, and can detect any change affecting these safety conditions;
F) Retain the original document, for a period of at least ten years; and
g) Have the practices statement storage of electronic documents established in Art. 15 of this Law.
Cease Art. 55. All storage service provider of electronic documents, decide to cease trading, you must notify the Unit Electronic Signature, following
time and procedure laid down in Art. 51 of this Law.
liability of Service Providers
Art. 56. The provider of electronic document storage, liable for damages caused to users for breach of the obligations
established in this Act, its regulations, and standards and technical regulations, accounting the service provider to prove that it has not breached any of its obligations.
The storage service provider also assumes the obligation to compensate for acts attributable to third parties, who have been commissioned by him to perform services in the performance of its functions.
For liability for damages, the rules of the common law will be observed; however, it will be up to the service provider certification test due diligence. CHAPTER VI
electronic certificates Guarantee Authorship Electronic Signature
Certified Art. 57. The electronic certificate guarantees the authorship of electronic signatures certified and authenticity, integrity, confidentiality and non-repudiation of electronic documents.
Contents Electronic Certificate Art. 58. The electronic certificate must contain at least the following information:
a) Identification of the owner of the electronic certificate, indicating their address and electronic address
B) Identification of certification service provider that provides
electronic certificate indicating your address and email address;
C) Date of expiration assigned to accreditation and certification service provider by the Unit
D) Date of issue and expiry of the certificate;
E) Number or identification certificate;
F) Certified electronic signature certification service provider that issued the certificate;
G) Data signature verification, which must correspond to the information on your
creation and are under the control of the signatory;
H) Any information on limitations of use, effectiveness and accountability to
it is subjected to the electronic certificate;
I) An indication of the certification path; and
j) If the certificate has been issued by a person acting on behalf of a natural or legal person; In this case, the certificate shall include an indication of the authenticated
legal, public, or private document, proving irrefutably the signatory powers to act on behalf of the natural or legal person he represents.
The lack of any of these requirements will invalidate the certificate. Validity of Electronic Certificate
Art. 59.- The certification service provider and signatory, by mutual agreement, determine
the term of the electronic certificate. Cancellation
Certificate Electronic Art. 60. The electronic certificate certified electronic signature can be canceled by court order, in accordance with the legal system. It can also be canceled by
reasoned decision issued by the Ministry of Economy through the Electronic Signature Unit in any of the following cases:
a) it is found that any of the data of the electronic certificate provided by the service provider certification is false;
B) is violated the security system of certification service provider, and that affects the integrity and reliability of the certificate;
C) That the signatory to give notice to the supplier, destruction or loss of the electronic certificate. In such a case, the certification service provider shall
immediately to the cancellation of the certificate; and
d) death or presumed death, after a court decision. In the case of
legal person in the cessation of its activities, by dissolution.
Procedure for Cancellation of an Electronic Certificate
Art. 61.- The Ministry of Economy through the Electronic Signature Unit, prior complaint of the person concerned or ex officio, order hearing by three business service provider certification days, and what answer or not, will open tests eight working days, to demonstrate
any of the situations referred to in the previous article; completed the probationary term, the electronic signature unit will issue a reasoned decision within a period not exceeding ten working days to determine whether it is appropriate cancellation of the certificate which covers electronic signatures. This resolution
admit appeal for review and will be resolved within fifteen working days, with the view of cars.
CHAPTER VII RIGHTS AND OBLIGATIONS OF USERS OF SERVICES OF ELECTRONIC SIGNATURE AND CERTIFICATION CERTIFIED ELECTRONIC
Users' rights Art. 62. In addition to the rights recognized by the Consumer Protection Act and any other applicable regulations, users or operators of regulated services in this Act shall have the following rights
, as applicable:
to ) to be informed by the providers of certification services, the characteristics
general procedures for creating and verifying certified electronic signature, as well as rules on certification practices, and others that they commit to followed when providing services, which should be carried out prior
way to the acquisition of the service;
B) confidentiality of information, in cases where the certification service providers, and storage of electronic documents decide to stop
in their activities;
C) To be informed, prior to the issuance of a certificate, the prices of services, including additional charges and payment, if any; the precise conditions for the use of services and limitations of use, and procedures
complaint and dispute resolution;
D) the service provider to provide information about your address in the country;
E) To be informed, at least ninety days in advance, by certification service providers, and storage of electronic documents for the purposes
F) A transfer your data to another service provider
certification and storage of electronic documents, if requested;
G) the provider does not provide or give unsolicited services;
deteriorate the quality of the services contracted as inferiority; or additional services agreed not charged; not to receive commercial advertising of any kind through the supplier, unless authorized by the user in all cases reported; and
h) The certificate canceled by user request or legal representative.
The violation of the rights provided in this article constitutes a serious infringement under the terms
indicated in the Consumer Protection Act, and shall be punished as such.
The determination of the infringement and the imposition of the sanction shall be responsible for the Sanctioning
Court of the Consumer Advocate, and in accordance with the procedure laid down in the Consumer Protection Act, as it were applicable.
Obligations of Users
Art. 63.- users or owners of certified electronic signatures, and electronic document storage
, be bound at the time to provide data of their personal identity or other circumstances subject to certification, to:
a) Provide accurate and complete statements;
B) adequately safeguard the security mechanisms of system operation
certification to provide the provider and update their data as they go changing, failing to account for compensation for damages arising from failure to comply with these obligations; and
c) timely request the suspension or revocation of the certificate to any circumstances that may have compromised the privacy of the data certified electronic signature creation.
26 TITLE IV
ONLY CHAPTER OF VIOLATIONS AND PENALTIES Offences
applicable to Certification Service Providers and Electronic Document Storage
Art. 64. Service providers of electronic signature certification and certified Storage Services Providers of electronic documents, accredited by the Unit of Electronic Signature MINEC shall be subject to the sanctions regime established by this Act.
infractions Art. 65.- Violations of providers, both certification services electronic signatures certified as service electronic document storage, shall be classified as minor, serious and very serious.
1. They are considered minor offenses:
a) Issuing the electronic signature certificate without complying with the requirements of Art
58 of this Act.
B) Failure to comply with the requirements of Article 14 of this Law for the electronic document storage
when the service is given by service providers accredited by the Unit of Electronic Signature.;
C) not making available to the public practice statement storage of electronic documents;
D) issue electronic certificates to persons established in Article 26 of this Law.;
E) Skip registration certificates issued;
F) Skip revocation and suspension, or time in the form of a certificate when appropriate to do so; and
g) Failure to comply with the provisions of standards and technical regulations issued by the Unit of Electronic Signature.
2. They are considered serious offenses:
a) Failure to comply with service providers, of the obligations established for the cessation of its activity;
B) The refusal or unjustified, inspection Unit Electronic Signature, obstruction and lack or poor presentation of the information requested by it, in its role of supervision and control;
C) Failure to comply with the resolutions of this Act and regulations issued by the MINEC;
D) not meet the economic or technical deficiencies motivaren action under Article 49 of this Law.;
E) not to renew the assurances required in order to guarantee any damages that may be caused to users of certification services and electronic document storage;
F) Losing the technological capacity to suspend, cancel or revoke digital certificates to provide as opinion issued by the Unit Electronic Signature; and
g) Provide false information when requested by the Unit of Electronic Signature.
3. They are considered very serious infringements:
a) Violating the secrecy of communication covered with electronic signature of its users;
B) Disclose personal information of its customers to third parties without the express consent
thereof except in cases where it is required by law;
C) The breach of the provisions of Article 5 of this Act
treatment of personal data.; and
d) Failure to comply with any of the obligations under this Act, where a judicial or administrative decision
establish that have caused economic damage to users or third parties.
Sanctions Art. 66. For the commission of the offenses established in the previous article, the MINEC by
Unit Electronic Signature, impose the following sanctions:
a) A fine of 1 to 10 minimum monthly wages in the commercial sector and service, for committing minor offenses;
b) A fine of 11-50 monthly minimum wages of trade and service sector, the commission of serious offenses; and
c) A fine of 51 to 100 minimum monthly wages of trade and service sector, for the commission of very serious infringements.
The reiteration, within two years, two or more serious offenses punishable by a firm, will lead to the definitive cancellation of the provision of certification services
electronic signature and storage services of electronic documents.
The very serious offense, once lifted the ban referred to in this article,
entail the definitive cancellation of the provision of electronic signature certification.
For the establishment of sanctions will be taken into account the seriousness of the offenses,
and recidivism and the damage caused to the consumer.
Appeal Procedure and Art. 67. For the imposition of sanctions for violations of this Act, the Electronic Signature Unit instruct the relevant file a reasoned resolution, which will contain the description of the sanctionable conduct, identifying the alleged offender and the relationship of evidence
that is counted to determine the corresponding responsibility.
The resolution referred to in the preceding paragraph shall be notified to the alleged infringer, who
shall, within three working days of such notice, express their disagreement with the facts attributed presenting evidence corresponding release, or requesting verification of them. If the alleged offender's request, or administration deems it necessary, will open
testing procedure for a period of eight working days. After this period, the corresponding resolution shall act.
The resolution of the sanctioning process admit appeal to the Minister of Economy, within five working days from the day of notification; whichever decide the appeal within a period of ten working days, exhausting administrative remedies.
TITLE V FINAL PROVISIONS SOLE CHAPTER
Implementing Regulations of the Law and Standards and Technical Regulations
Art. 68.- The President of the Republic shall issue the Implementing Regulations of this Law, in a period not exceeding one hundred and eighty days after its validity.
Unit Electronic Signature issued, standards and technical regulations, within a period not exceeding one hundred and eighty days from the effective date thereof. Prevalence
other laws Art. 69. The provisions of this Act, shall prevail over any that are contrary.
Transitory Art. 70. Any natural or legal person, who at the time of entry into force of this Act be providing certification services or electronic document storage, will have a term not exceeding one year to conform to compliance with the requirements established by | || it, in order to continue providing that service. Effective
Art. 71.- This Decree shall enter into force one hundred and eighty days after its publication in the Official Journal.
GIVEN IN THE BLUE ROOM OF THE LEGISLATIVE PALACE: San Salvador, 1 October of two thousand and fifteen.
LORENA GUADALUPE MENDOZA PEÑA, PRESIDENT.
GUILLERMO ANTONIO NAVARRETE GALLEGOS Ana Vilma Albanez de Escobar, FIRST VICE. SECOND VICE PRESIDENT.
ORANTES SERAFIN JOSE RODRIGUEZ, NORMAN NOEL GONZALEZ Quijano, THIRD VICE. FOURTH VICE.
SANTIAGO FLORES ALFARO, FIFTH VICE.
GUILLERMO FRANCISCO MATA BENNETT, DAVID ERNESTO MOLINA REYES, First Secretary. Second Secretary.
MARIO ALBERTO GUERRERO TENORIO, REYNALDO ANTONIO LOPEZ Cardoza Third Secretary. Fourth secretary.
JACKELINE AVALOS NOEMI RIVERA, JORGE ALBERTO ESCOBAR BERNAL, QUINTA Secretariat. SIXTH SECRETARY.
ABILIO Orestes MENJIVAR RODRIGUEZ, JOSE FRANCISCO LOPEZ MERINO, seventh Secretary. EIGHTH SECRETARY.
PRESIDENTIAL HOUSE: San Salvador, on the twentieth day of October in the year two thousand and fifteen.
Published, Salvador Sanchez Ceren, President of the Republic
Tharsis Solomon Guzman Lopez, Minister of Economy.
OJ No. 196 Volume No. 409 Date: October 26, 2015 SV
Adar 25/11/2015 LEGISLATIVE INDEX