The Electronic Commerce Law (ECL) approved on February 6, 2020 by the Salvadoran Congress will enter into force on February 10, the date on which one year will have elapsed since the publication of said law in the Official Gazette, beginning to take effect, in accordance with its article 29. Therefore, it is important to know what its main effects will be, namely:
- Obliged subjects: the ECL will be applicable to natural or legal persons established in El Salvador, who carry out commercial transactions through electronic means.
- Legal effects of electronic commercial communications: The ECL establishes that the information that appears in electronic media will have the same validity and probative force as that contained in physical format.
- Electronic contracts: electronic contracts will produce all the effects as by a physical contracts under Salvadoran law , provided that consent and other legal requirements for their validity concur.
Likewise, the validity of contracts executed by a message system and a natural person is recognized.
- Electronic invoice: the electronic invoice issued by the suppliers of electronic products and services will have the same accounting and tax validity as the conventional invoice, if they comply with the pertinent legislation. In this regard, it is expected that complementary regulations will be issued to regulate the issue.
- Exclusions: The ECL will not apply to relationships between suppliers and consumers regulated in the Consumer Protection Law.
- Identification: suppliers of electronic commerce goods and services must have available to users: a) Their corporate name and a contact address; b) Tax identification number; c) Administrative authorization data, if applicable; d) Authorization number of the profession, if applicable.
The regulation of the ECL will provide legal security to electronic commercial transactions that are currently held within the Salvadoran market, thus boosting the local economy. Likewise, from a procedural point of view, the judges will have a support in this law, by being able to evaluate the evidence produced in electronic media in a more concrete way, given the effects that the ECL recognizes to electronic communications. Finally, to complete the application of the ECL, the approval by the President of the Republic of the Law of Electronic Securities will be pending, as well as the issuance of the Law of Electronic Invoicing and the operation of the Law of Electronic Signature, which, are legal bodies that will contribute even more to the facilitation of electronic transactions in El Salvador, which is essential for the growth of companies within the context caused by the Covid 19 pandemic.
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January 29, 2021 at 02:59PM
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Electronic commerce law will enter into force - Lexology
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