Database

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GUATEMALA

Since 2008

Pillar Online sales and transactions  |  Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures
UNCITRAL Model Law on Electronic Signatures
Guatemala has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal

GUATEMALA

Since October 2013

Pillar Intermediary liability  |  Sub-pillar User identity requirement
Mobile Terminal Equipment Act (Ley de Equipos Terminales Móviles)
Under Art. 11 of the Mobile Terminal Equipment Act, Guatemala established registers for mobile service users, importers, sellers, and distributors of mobile devices and SIM cards. According to Art. 14, individuals purchasing a SIM card are required to present their personal identification document (ID) or a valid passport in the case of foreigners at the point of purchase.
Coverage Telecommunications sector

GUATEMALA

Reported in 2023

Pillar Technical standards applied to ICT goods and online services  |  Sub-pillar Self-certification for product safety
Supplier Declaration of Conformity not allowed for foreign businesses
The type approval process for radio equipment in Guatemala is administered by the Superintendence of Telecommunications (SIT). All radio equipment devices require certification, and equipment that complies with ETSI or FCC standards is typically approved. Approvals are usually obtained within six weeks without the need for in-country testing or local representatives, and certificates have an indefinite validity period. Existing international test reports can be used for the homologation process, during which technical documents will be reviewed and validated.
Coverage Horizontal

GUATEMALA

Since August 2011

Pillar Cross-border data policies  |  Sub-pillar Ban to transfer and local processing requirement
Resolution No. JM-102-2011 of the Monetary Board (Resolución No. JM-102-2011 de la Junta Monetaria)
Resolution JM-102-2011 of the Monetary Board includes some provisions regarding the obligations of financial institutions with respect to the administration of technological risk and confidentiality of information. Art. 24 requires that, when processing financial data outside the national territory, the institutions must previously have authorisation from the Superintendency of Banks and comply with the following requirements: allowing the Superintendency of Banks free access to its IT infrastructure, information systems, databases and facilities located outside the national territory, and providing it with the information it requires.
Coverage Financial sector

GUATEMALA

N/A

Pillar Cross-border data policies  |  Sub-pillar Participation in trade agreements committing to open cross-border data flows
Lack of binding commitments to open transfers of data across borders
Guatemala lacks binding commitments on open transfers of cross-border data flows. Art. 15.5(d) of the Free Trade Agreement between the United Mexican States and the Republics of Costa Rica, El Salvador, Guatemala, Honduras and Nicaragua establishes that the work to maintain cross-border information flows is an essential element in promoting a dynamic environment for electronic commerce.
Coverage Horizontal

GUATEMALA

N/A

Pillar Domestic data policies  |  Sub-pillar Framework for data protection
Lack of comprehensive legal framework for data protection
Guatemala does not have a comprehensive regime in place for all personal data, but it has sectoral regulations. These include:
- The Guatemalan Constitution
- The Criminal Procedure Code
- The Criminal Code
- Law of the National Registry of Persons
- Decree No. 57-2000 on Industrial Property Law
- Law on Access to Public Information (applicable solely to State entities or entities funded by the State, addresses the issue in certain provisions)
Additionally, there is a pending data protection bill, Initiative 4090-2009 Personal Data Protection Law, currently under consideration by the Legislative Assembly.
Coverage Horizontal

GUATEMALA

N/A

Pillar Intermediary liability  |  Sub-pillar Safe harbour for intermediaries for copyright infringement
Lack of intermediary liability framework in place for copyright infringements
A basic legal framework on intermediary liability for copyright infringement is absent in Guatemala's law and jurisprudence. Copyright Law No. 33-98 serves as the legal foundation for determining the liability of Internet Service Providers (ISPs) in Guatemala in cases involving the infringement of an author’s moral or economic rights. In instances of infringement, the rights holder may hold the direct infringer responsible for uploading the protected material. Additionally, under Art. 1645 of the Civil Code, legal action may be initiated against ISPs if negligence or carelessness on their part can be demonstrated. Since specific legislation addressing damages caused by ISPs is absent, this article is the principal legal reference for intermediary liability in Guatemala. According to the law, "any person who intentionally, or through carelessness or negligence, causes harm or damage to another is obligated to provide reparation unless the harm or damage is the result of inexcusable negligence or fault of the victim, and this is proven."
Coverage Internet intermediaries

GUATEMALA

N/A

Pillar Intermediary liability  |  Sub-pillar Safe harbour for intermediaries for any activity other than copyright infringement
Lack of intermediary liability framework in place beyond copyright infringements
It is reported that a basic legal framework on intermediary liability beyond copyright infringement is absent in Guatemala's law and jurisprudence.
Coverage Internet intermediaries

GUATEMALA

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Functional/accounting separation for operators with significant market power
Lack of mandatory functional and accounting separation for dominant network operators
It is reported that Guatemala does not mandate functional or accounting separation for operators with significant market power (SMP) in the telecom market.
Coverage Telecommunications sector

GUATEMALA

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Other restrictions to operate in the telecom market
Cases of restrictions for obtaining a license to operate in the telecom market
The licensing regime can be found in the General Telecommunications Law, Decree No. 94-96 (Decreto N. 94-96 - Ley General de Telecomunicaciones). According to the Art. 52, all satellite system operators that transmit radio signals to and from the national territory of Guatemala must have the rights to use the spectrum clearly established by international agreements, treaties and conventions on the matter, ratified by the Government of Guatemala, through an operating license in accordance with the regulations. Yet, it is reported that there are restrictions for obtaining a license to provide telecommunication services or to operate telecommunication facilities. These include limits on the number of licenses and minimum capital requirements to obtain a license, among others.
Coverage Telecommunications sector

GUATEMALA

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Signature of the World Trade Organization (WTO) Telecom Reference Paper
Partial appendment of WTO Telecom Reference Paper to schedule of commitments
Guatemala has only partially appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector

GUATEMALA

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Presence of an independent telecom authority
Lack of independence of the telecom authority
Guatemala has a telecommunications authority: the Superintendency of Telecommunications (SIT). However, it is reported that the decision making process of this entity is not fully independent from the government.
Coverage Telecommunications sector

GUATEMALA

Since November 1992, last amended in October 2016
Since April 1961, last amended in April 2017

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Decree No. 57-92 - State Contracting Law (Decreto No. 57-92 - Ley de Contrataciones del Estado)

Labour Code (Código del Trabajo)
According to Art. 97 of the State Contracting Law, workers employed in public procurement must be preferably Guatemalans in the proportion prescribed in the labour Code. Art. 13 of the Labour Code states that employers are prohibited from employing less than 90% of Guatemalan workers, with some exceptions.

GUATEMALA

N/A

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Signatory of the World Trade Organization (WTO) Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Guatemala is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.
Coverage Horizontal

GUATEMALA

Since February 1998

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Maximum foreign equity share
Foreign Investment Law (Ley de Inversión Extranjera)
According to Art. 3 of the Foreign Investment Law, foreign investors are granted the same treatment as that granted to domestic investors in the development of their economic activities and, therefore, enjoy equal conditions with domestic investors. It is reported that there are some restrictions on broadcasting, but no regulation has been found.
Coverage Horizontal

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