El Salvador to create an entity to supervise the field of technologies

Press release

By Legislative Assembly of El Salvador

Given the need for an entity to regulate, from different matters, the use of information and communication technologies, the Legislative Plenary authorized the creation of the National Digital Authority, an institution of public law, with legal personality, heritage own and with administrative and budgetary autonomy.

As stated in the respective opinion, for several years, the need to create new legislation to regulate the use of Information and Communication Technologies (ICTs) was identified, and that this regulatory body delegates and centralizes supervision in a single National Authority.

The entity in question will centralize the competences in digital matters in order to provide legal certainty in the use of information and communication technologies; This instance would be competent to apply the norms contained in international treaties in force in El Salvador on technology, laws that govern this matter, universal access to the Internet, protection of personal data, electronic commerce, electronic signature, cybersecurity and other related matters.

This instance will be governed by the Law for the Creation of the National Digital Authority, which will be applicable to the public administration and private entities; In its competence, the verification of the application of the rules on universal access to the internet, personal data protection, electronic commerce, knowledge economy, cybersecurity and others related to its implementation, its regulations was defined; as well as to know of the breach of the same.

The Authority will exercise its powers through 7 directors (owners and alternates) integrated into a Board of Directors, one appointed by the President of the Republic, the Board of Directors of the Legislative Assembly, the Supreme Court of Justice (CSJ), the University from El Salvador and private universities accredited by the Ministry of Education, Science and Technology, the most representative union association of employers, and others from organizations and associations that have competence in technology.

The Authority's attributions are related to the implementation of ICTs and among these, it must propose to the Executive Branch the National Policy for the Use of Technologies, in addition to verifying the application of regulations on the use of ICTs, supervising and monitor the modernization demands of the obligated subjects in matters related to the use of technologies and promote the country's transition to a society and economy based on their implementation.

During the study of the bill, the Economic Commission carried out extensive consultation with various sectors of Salvadoran society and with their contributions the regulations in question were formulated, among them representatives of the Salvadoran Association of New Technologies Law (ASADETICS) participated. , American Chamber of Commerce of El Salvador (AmCham), Ministry of Economy, National Association of Private Enterprise (ANEP) and Salvadoran Association of Industrialists (ASI).

In addition to the Superintendency of Competition, the Salvadoran Foundation for Economic and Social Development (FUSADES), the Salvadoran Chamber of Telecommunications (CASATEL), the Salvadoran Banking Association (ABANSA), the Central Reserve Bank (BCR) and the Chamber of Commerce and Industry of El Salvador (CAMARASAL).