El Salvador updates the Electronic Signature Law Regulations

Montevideo, December 6, 2023.

The Salvadoran government updated the electronic signature regulation, simplifying procedures for users.

El Salvador updated its Electronic Signature Law Regulation, officially approved through Executive Decree No. 27 of this year and published on November 6 in Official Gazette No. 207.

Under the initiative of the Ministry of Economy, this regulation updated its provisions by incorporating the current reforms of the Electronic Signature Law, through the updating and simplification of procedures, requirements, and other guidelines involving all stakeholders: Service Providers, Electronic Signature Unit (UFE), Public Institutions, and users of the services in general.

This update marked an important milestone in regulatory simplification, aiming to promote the use of electronic signatures in the country and the dematerialization of documents through them.

Oscar Humberto Cruz, Head of the Electronic Signature Unit at the Ministry of Economy of El Salvador, explained that the recent reform "responds to the need to harmonize" the regulation with the amendments made to the Electronic Signature Law.

“The main objectives of these reforms are to better organize the accreditation processes for certification and electronic document storage service providers, establish clearer rules for the recognition and validity of documents signed abroad, expand the responsibilities that accredited providers must fulfill before the Electronic Signature Unit, and provide greater detail on the use of Electronic Signatures in government entities,” he detailed, emphasizing that the ultimate goal of the reforms is to expand the use of electronic signatures in the country.

Regulatory alignment and digital transformation

Electronic signatures are of interest to Sofis Solutions, which has developed extensive regional experience on the topic. Each time countries take a significant step in updating their regulatory frameworks aligned with their digital transformation strategies, it is noteworthy.

Each updated, reformed, or repealed article of this Regulation closes an important gap between the regulatory framework and the fast-paced technological changes currently underway.

Sofis Solutions highlighted some notable elements of these reforms:

1. From Recognition of Foreign Electronic Certificates to Cross-Border Electronic Signatures

One of the new topics in the regulation is the Recognition of Foreign Electronic Certificates, which enables the implementation and promotion of Cross-Border Electronic Signatures in El Salvador. This is a key instrument to facilitate the establishment of legal and commercial trust relationships between individuals and/or legal entities and institutions operating in different countries.

Oscar Humberto Cruz stated that the main benefit of recognizing such certificates is the formalization of electronic documents anywhere in the world, giving them legal validity in El Salvador. "This will expand the supply and demand of electronic services in the country and remove existing geographic barriers. Each interested party can follow the due process so that their electronic documents are valid, according to the type of document and the guarantees established in the Electronic Signature Law," he mentioned.

Modernization and simplification of management and control procedures

The new regulation enhances the modernization of UFE management and its interaction with Service Providers and Users, eliminating the need for paper submissions and overcoming management and control activities that previously required in-person presence. By incorporating Information and Communication Technologies (ICT) as enabling tools, UFE will now offer digital channels for receiving requirements, filing complaints, issuing notices, and publishing the results of its accreditation and control procedures, among others.

The new Electronic Signature Law regulation in El Salvador will strengthen the management of the existing Electronic Signature Ecosystem and each of its key actors, creating the necessary conditions for adoption and widespread use of this legal mechanism both nationally and regionally/cross-border.

For more information about the new regulation, visit: https://firmaelectronica.economia.gob.sv/marco-legal/