In accordance with Art. 214 of the Guatemalan Commercial Code, companies legally constituted abroad that wish to establish or operate in any form in the country, or to have one or more branches or agencies, must have at least one representative permanently in the country.

The Consumer and User Protection Law provide a comprehensive framework for consumer protection that also applies to online transactions

Guatemala has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.

Guatemala has only partially appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.

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.

Art. 39 of the Annex to Resolution JM-194-2021—entitled the Regulation for Technology Risk Management—stipulates that, in cases where technological services process and/or store information using infrastructure located outside the national territory, the institution (including banks, financial companies, offshore entities, and companies specialising in financial services that are part of an economic group) must obtain prior authorisation from the Superintendency of Banks.

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.

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.

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 basis for determining the liability of Internet Service Providers (ISPs) in Guatemala for 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."

A basic legal framework on intermediary liability beyond copyright infringement is absent in Guatemala's law and jurisprudence.

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.

It is reported that Guatemala does not mandate functional or accounting separation for operators with significant market power (SMP) in the telecom market.

Guatemala does not maintain a licensing regime for the provision of telecommunications services. Instead, Art. 23 of the General Telecommunications Law (Decree No. 94-96) establishes a Telecommunications Registry, administered by the Superintendence of Telecommunications (SIT), in which all commercial network operators—defined as networks offering open access to services for payment—and holders of Frequency Usufruct Titles (TUF) must register before commencing operations or exercising spectrum rights.
According to Arts. 61 and 62, any natural or legal person, domestic or foreign, may apply to the SIT for use of a specific frequency band; if there are no competing applications, the usufruct right is granted directly and recorded in the Registry, otherwise it is awarded via public auction to the highest bidder under SIT supervision. Art. 58 provides that spectrum usufruct rights are valid for 15 years and may be renewed for equal periods upon request.
Nevertheless, it is reported that practical restrictions affect the ability to provide telecommunications services or operate facilities, including limits on the number of licences and minimum capital requirements, among other conditions.

According to Art. 77 of the State Contracting Law, foreign companies may participate in any procurement modality established under the Law, provided they obtain provisional registration in the corresponding registry, which requires that they are based in the country. It is reported that companies established only abroad may also participate, but only by submitting their expression of interest (economic offer) in physical form and if their country of origin has a trade agreement with Guatemala that grants access to the government procurement market. In both cases, they are given the same treatment as domestic suppliers.
Pursuant to Art. 17, when the value of goods, supplies, or works exceeds the thresholds set in Art. 38—GTQ 900,000 (approx. USD 117,000)—the purchase or contract must be executed through a public tender. Furthermore, Art. 38 establishes that any government acquisition of goods, supplies, or services exceeding GTQ 90,000 (approx. USD 11,700) is subject to price quotation procedures, which require public competition through the Guatecompras electronic procurement platform.

It is reported that foreign companies encounter an uneven playing field that hinders their participation in public tenders. Stakeholders note that Guatemala’s public procurement processes are affected by irregular practices that appear to favour local firms with connections to federal ministries, municipal authorities, or influential members of Congress. Investors also report pervasive corruption in public procurement, including requests for bribes or informal payments in exchange for the awarding of public contracts.