On February 25, 2025, the Legislative Assembly enacted the Artificial Intelligence and Technologies Promotion (AI) Law. Its objective is to promote the development, research, and application of artificial intelligence in El Salvador, encouraging and promoting innovation while ensuring its responsible use to contribute to technological advancement and economic growth. The AI Law applies to all individuals and legal entities involved in AI research, development, and application, as well as those collecting, storing, and processing data for such activities. 

Key Principles. The AI Law’s key principles include transparency and explainability, fairness and inclusion, security and privacy, accountability, and environmental sustainability. 

Creation of the National Artificial Intelligence Agency (ANIA). To ensure the proper implementation of the AI Law, ANIA was established as an autonomous institution under the Presidency of the Republic. Its main functions include: 

  • Oversee compliance with AI Law and manage the Comprehensive Risk Assessment Framework for systems that handle confidential or personal data. 
  • Managing the National Registry for AI Development, Innovation, and Application. 
  • Promoting public-private partnerships for AI development. 
  • Collaborating with the Ministry of Education to integrate AI into educational programs. 
  • Issuing technical security regulations in coordination with the State Cybersecurity Agency (ACE). 

Free Participation. Foreign and national individuals and companies are entitled to participate directly in developing, investigating, training, and implementing AI and similar technologies in El Salvador. 

Registration and Safeguards. Entities or individuals using only open-domain or proprietary data in projects with no commercial or public-use purposes must register with the National Registry for AI Development, Innovation, and Application to access legal safeguards, such as: 

  • Authorized use of open-domain data for research without facing precautionary or judicial measures, provided compliance with applicable legislation. 
  • Exemption from liability in experimental environments if the activities are not commercially deployed or infringe users’ rights. 
  • No liability for third-party misuse of AI, provided compliance with security, ethical, and operational standards. 
  • AI models (including weightings, training data, and outputs) will not be subject to restrictive licensing conditions that hinder competition, innovation, or research. Private entities may not impose restrictions unless expressly provided by Salvadoran law. 

If AI activities involve public functions or regulated areas, they must comply with the ACE security regulations and any others established by competent authorities. 

 

AI Risk Assessment and Similar Technologies. ANIA will implement a Comprehensive Risk Assessment Framework that balances technological innovation with public safety and social welfare. Compliance will be mandatory only for systems handling confidential, reserved, or personal data under applicable law. This framework will remain adaptable to evolving international security classifications and standards. 

Responsibility in the AI Lifecycle. All parties involved in the AI lifecycle, including developers, implementers, service providers, and end users, must assume responsibility according to their roles to ensure the AI’s ethical and secure use. Developers must design AI solutions that comply with established technical and ethical standards. Implementers, in turn, are responsible for proper deployment and adherence to security guidelines. Service providers must maintain a secure infrastructure, while end users are expected to use AI systems responsibly and within their intended scope and purpose. 

Automated Decisions and Right to Appeal. When AI is used commercially or to grant access to rights or services in El Salvador, users must be informed whether a decision was made entirely by AI or merely influenced by it. Mechanisms will be established to allow citizens to appeal such decisions before a competent human authority, who may confirm, modify, or revoke the decision. 

Data Protection and Security. The use of personal data in AI development must comply with the Personal Data Protection Law and the security regulations issued by ANIA and ACE. 

Intellectual Property Protection in AI Development. The intellectual property in AI, including patents, copyrights, and trade secrets, belongs exclusively to creators. In collaborative projects, ownership rights must be defined through prior agreements. AI algorithms, databases, and systems developed in El Salvador are legally protected, and their use or disclosure without the owner’s authorization is strictly prohibited. 

Fair Competition and Open-Source AI Development. Arbitrary restrictions on open-source AI development are prohibited. International participation in AI projects will be encouraged, ensuring collaboration and access to technological innovation. 

 The Decree is still subject to amendments until its publication in the Official Gazette. The AI Law will enter into force eight days after its publication in the Official Gazette. 

 

For more information, contact us at [email protected]