Guatemala has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.

Decree No. 06-2003 and 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.

According to Art. 77 of the State Contracting Law, foreign companies may participate in any modality of procurement only with their provisional registration in the Mercantile Registry. In order to obtain provisional registration, according to Art. 12 of the Ministerial Agreement No. 563-2018, foreign companies must appoint a representative. If the foreign company is awarded a public contract, it must demonstrate that it is properly registered to operate in the country through an authorized branch.

In accordance with Art. 14 of Decree of Congress No. 2-70, the companies legally constituted abroad that wish to establish or operate in any form in the country or wish to have one or more branches or agencies must have permanently in the country, at least, one representative.

Guatemala does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties.

Guatemala does not have any regulations on IT products or conformity assessment procedures for IT products. The Government of Guatemala has asserted that a CAFTA-DR Certificate of Origin must accompany the shipment to receive CAFTA-DR preferences.

It is reported that a basic legal framework on intermediary liability beyond copyright infringement is absent in Guatemala's law and jurisprudence.

It is reported that Guatemala imposes an identity requirement for SIM registration. Anyone wanting to purchase a SIM card has to provide their national ID card, or a passport in case of foreigners, to activate a new prepaid SIM card.

A basic legal framework on intermediary liability for copyright infringement is absent in Guatemala's law and jurisprudence. Copyright Law No. 33-98 is the legal basis for decisions regarding any case of liability of Internet Service Providers (ISPs) in Guatemala involving infringement of moral or economic rights belonging to an author. In case of infringement, the right-holder may hold liable the direct infringer uploading the protected materials, but it might also, according to Art. 1645 of the Civil Code, establish judicial proceedings against the ISPs if the author can prove negligence or carelessness on their part. Since there is no specific legislation regarding damages caused by ISPs, this article is the main legal source governing intermediary liability in Guatemala. According to the law, "any person, who causes any damage or prejudice to another person, either intentionally, or by carelessness or negligence, is required to repair it, unless the damage or prejudice are caused by inexcusable negligence or guilt of the victim, and is so proven.”

Guatemala does not have a comprehensive personal data protection regime. The Law on Access to Public Information (Decree 57-2008 of the Congress of the Republic), which is applicable solely to State entities or entities funded by the State, addresses the issue in certain provisions. There is a data protection bill, the Initiative 4090-2009 Personal Data Protection Law, which is pending consideration by the Legislative Assembly.

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 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.

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.

The license 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, minimum capital requirements to obtain a license, among others.