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Frequently Asked Questions about Electronic Signatures in El Salvador
[/vc_column_text][us_separator][us_image image=”9156″ size=”full” align=”center”][us_separator size=”small”][vc_column_text]P: WHO SHOULD USE THE ELECTRONIC SIGNATURE?A. All those whose actions can potentially be performed using technological means or who are subject to the conditions of their counterparts. (With the exception of minors and incapacitated persons). Furthermore, both the owner of the document and the signatory must have the same technological conditions to perform this type of signature.CAN I, AS A NATURAL PERSON, USE A CERTIFIED ELECTRONIC SIGNATURE?A. Yes, in fact, for certain procedures involving the granting of rights or contracts, a certified electronic signature will be required.WILL IT BE MANDATORY TO USE A SIMPLE OR CERTIFIED ELECTRONIC SIGNATURE?R. No. P.CAN ELECTRONIC AND HANDWRITTEN SIGNATURES BE USED?A. Yes, for certain documents requiring the formality specified in the Law, it is necessary to use a handwritten signature, without this discriminating against the use of electronic signatures in other matters.WHO ISSUES ELECTRONIC SIGNATURES AND DIGITAL CERTIFICATES?A. The Law introduces the figure of the Electronic Certification Service Provider, whose actions, obligations, and rights are regulated by this Law and the Electronic Signature Unit of the Ministry of Economy.Q. DO YOU HAVE TO HAVE OR BUY SPECIAL SOFTWARE TO USE YOUR ELECTRONIC SIGNATURE?A. The process for obtaining an electronic signature must include the software and training in its use, which will be regulated in the regulations of the Electronic Signature Law.DO CERTIFIED AND SIMPLE ELECTRONIC SIGNATURES HAVE VALIDITY AND EXPIRATION DATES?A. Yes, the validity periods will be negotiated between the client and the Electronic Certification Service Provider under the guidelines established by the Electronic Signature Unit.DO ELECTRONIC CERTIFICATES EXPIRE?A. Yes, and it is also the responsibility of the Ministry of Economy, through the Electronic Signature Unit, to regulate these periods under the agreement between the client and the Electronic Certification Service Provider.WHAT TYPES OF DOCUMENTS CAN BE SIGNED ELECTRONICALLY?A. All documents for which a physical signature is not required by law, such as marriage certificates, agreements, divorces, inheritances, among others.SHOULD THE ELECTRONIC DOCUMENT BE IN A SPECIAL FORMAT?A. It will work with any text processing and editing tool that has the functionality to do this: Microsoft Office, Lotus Document, Adobe Acrobat (but not Adobe Acrobat Reader).SHOULD YOU USE THE SAME COMPUTER TO ELECTRONICALLY SIGN A DOCUMENT?A. As a good practice for security and protection of electronic signatures, the electronic signature process should be performed on as few computers as possible, thus reducing the number of devices on which the signature will be recorded.CAN EMAILS BE SIGNED?A. Yes, emails are considered data messages, and their contents can be electronically signed by the sender.WHY SHOULD CERTIFYING AUTHORITIES REGISTER?A. Certifying authorities must register with the MINEC's Electronic Signature Unit to ensure technical and administrative compliance that allows them to issue electronic certificates with legal equivalence. They will ensure that they meet the technical requirements issued by the Electronic Signature Unit and that they undergo evaluation to support the technical competence and credibility of the accredited entities.WHY CAN'T MY SIGNING CERTIFICATE BE USED FOR FILE ENCRYPTION?A. Electronic signature certificates cannot be used for encryption because they do not maintain backups of their private key. If an electronic signature certificate is used for encryption, if the cryptographic device is lost or a new one is issued, all documents encrypted with that certificate would be lost.WHERE IS THE FEE PAYMENT FOR ACCREDITATION AND RENEWAL MADE?A. Any financial institution approved by the Superintendency of the Financial System for payments on behalf of the General Fund of the Nation.WHAT IS THE COST FOR ACCREDITATION AS A CERTIFYING AUTHORITY?A. The applicable fees will be as follows: a) Registration will incur a fee equivalent to four times the minimum monthly wage in the commerce and services sector. b) For annual renewal, the applicable fee will be two times the minimum monthly wage in the commerce and services sector.WHAT ARE THE BENEFITS OF ELECTRONIC SIGNATURE?R.Cost Savings:Thanks to electronic signatures, you'll no longer need to resort to postal mailings for your clients to sign their handwritten documents. You won't even have to travel to pick up those documents.Time Saving:Electronic signature applications allow you to distribute, view, and sign any document completely online. Thanks to this, a signature process that previously took days can now be completed in minutes.Space Saving:It's no longer necessary to print documents to ensure they are legally archived. The ability to store documents in digital format makes a physical document archive unnecessary for this purpose.Help the Environment:Paper consumption involves cutting down trees. This has two side effects: increased CO2 production and a decreased absorption capacity. In short, more pollution.Service Level Improvement:By allowing online signing, you can save your customers from having to travel to sign and valuable waiting time, improving their satisfaction.Greater Security:Today's technology makes it easy to impersonate a handwritten signature. In that sense, electronic signatures are a much more secure technology.Greater Control over the Archive:Signing paper documents requires us to maintain a file of signed documents. With the implementation of electronic signatures, all documents are stored in the same environment, making them easy to locate. For further questions, please feel free to contact us at info@lexincorp.com.
Source taken from the Ministry of Economy:https://firmaelectronica.minec.gob.sv/about/faqs/
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