EL SALVADOR Law and Practice Contributed by: Marcela Mancia, IDEAS IP
5.5.2 Advertiser Liability for Influencer Content According to El Salvador law, the only regulatory body with respect to content posted by influencers is the Advertisement Self-Regulation Code. However, the Consumer Protection Law establishes that the Ombudsman should ensure compliance with manda - tory standards in relation to the safety, information, labelling, quality, weights and measures of goods and services on the commercial market. The advertiser must sign a contract with the influenc - er that establishes the rules that the influencer must abide by, as well as the penalties for not complying with such rules. 5.5.3 Consumer Reviews The regulations that may apply to the solicitation and use of consumer reviews include the Consumer Pro - tection Law, the Constitution, the Special Law Against Computer Crime and Related Crime and the Adver - tising Self-Regulation Code. The advertiser is not responsible for consumer reviews. There are no special rules applicable to email market - ing, only the general rules regarding advertisements. The advertiser must: • establish the start and finish date of promotions; • stipulate the promotion’s conditions; • provide an opt-out option in case the owner of the email account does not wish to receive advertise - ments; • not promote sexual material or pornography; • ensure the use of language is in accordance with the applicable legislation; • comply with all regulations for advertisements fea - turing children; and • comply with all regulations for the advertisement and promotion of alcohol and tobacco. 6. Privacy and Advertising 6.1 Email Marketing The liability could include fines, the removal of email addresses and even court proceedings for serious infractions.
The E-Commerce Law also has some rules regarding communications and emails, violation of which could lead to court filings and civil or criminal liabilities. Complaints can also be filed before the Consumer Ombudsman. 6.2 Telemarketing No specific rules are applicable to inbound and/or outbound telemarketing. However, in the absence of specific user consent, advertisements must expressly indicate that they are unsolicited or promotional elec - tronic commercial communications, and there must be a simple, free and viable option to request exclu - sion from the list of recipients at any time, as well as a statement confirming that the personal data of recipients has been obtained without infringing the rights of protection thereof. The judicial authority may order suspension of the provision of the service, or of access to content, as a precautionary measure or in the routine enforcement of resolutions, depending on the violation and the measures requested. 6.3 Text Messaging No specific rules are applicable to text messages, only the general rules applicable to advertisements and promotions. However, text messages must not be excessive, as this could constitute harassment and be the subject of complaints to the relevant authorities. 6.4 Targeted/Interest-Based Advertising The Telecommunications Law and the Consumer Protection Law regulate targeted advertising. The Tel - ecommunications Law establishes a schedule (from Monday to Friday) for telephone calls advertising products or services. 6.5 Marketing to Children Advertising aimed at minors should positively influ - ence their behaviour and – where possible – be social - ly beneficial. Special care should be taken to ensure that advertising does not show images depicting vio - lence or situations of a sexual nature. In addition, such advertisements should not make exaggerated claims regarding the qualities or applications of products – ie, they should be truthful and accurate. Moreover, they must be respectful of minors’ physical, mental and moral integrity, taking account of the naivety, inexperi - ence and sense of loyalty of minors.
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