On May 25th, 2023, Senators Ana María Castañeda and David Luna filed before the Senate the bill that aims to create the National Digital Security Agency ("ANSD") and establish its functions.

Pursuant to the bill, the ANSD would be a decentralized entity of the national order, part of the Executive Branch, with legal personality, administrative and financial autonomy, and its own assets. The ANSD would be the highest authority for the formulation and implementation of national strategies and public policies on digital security and national cyber defense.

Some of the functions that the ANSD would have would include designing and issuing standards on digital security, coordinating and collaborating with state entities, the private sector and digital security and cyber defense agencies in other countries, to prevent and mitigate cyber-attacks, address cyber challenges and safeguard the nation's digital security, among others.

The bill also seeks to create additional bodies such as the National Fund for Digital Security and Cyberdefense, the Public-Private Council Against Cyberattacks and Cybercrimes, and a National Observatory for Digital Security and Cyberdefense, which will have research, administration, and attack monitoring functions, among others.

The bill establishes sanctions for State entities and private sector companies that do not comply with the obligation to inform the ANSD about possible risks of cyber-attacks and cybercrime perpetrated against their infrastructures.