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Electronic Commerce Law
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On February 10, 2020, the Electronic Commerce Law of El Salvador was published in the Official Gazette, which entered into force on February 10, 2021, one year after its publication.
The main purpose of the aforementioned law is to regulate all electronic transactions of a commercial or contractual nature carried out by electronic, digital, or technologically equivalent means.
It is important to clarify that the principles of technological neutrality and non-repudiation will govern the application of the law, meaning that there will be no discrimination against the use of specific software or devices for the transactions to be carried out.
All electronic communications whose purposes are unrelated to the commercial activity of the person conducting them, as well as those relationships between suppliers and consumers regulated by the Consumer Protection Law, are exempt from the scope of the law.
Except for the exceptions previously stipulated, the law will apply to any natural or legal person, public or private, who conducts commercial transactions or exchanges goods or services, either on their own or through intermediaries, through any technology or interconnected communication networks.
Some main points to take into consideration when applying it are the following:
a) In cases where a contract is required to be in writing, this requirement will be deemed fulfilled as long as it can be accessed by technological means later.
b) If a contract must be signed by the parties, it shall be governed by the provisions established in the Electronic Signature Law.
c) The law establishes minimum requirements for commercial communications, such as: name of the provider, if it is a promotion, in addition to its corresponding registration, the validity of the promotion must be limited, verification of easy access to the terms and conditions, among others.
d) Any contract signed under the requirements and procedures of the law will have conclusive validity and will be fully valid in court.
e) Invoices issued by an e-commerce business will have the same validity as a conventional invoice, and must comply with the requirements of the applicable tax legislation.
f) Providers of goods or services must protect the security of users' data and information.
g) Suppliers of goods or services must maintain at all times, for easy access by the user, their basic information that allows them to be easily identified.
h) The use and validity of electronic media will be promoted for all State matters.
For more information, please contact the following email address: aportillo@lexincorp.com
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