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.

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.

According to the Art. 7 of Decree No. 57-2000, when the applicants or owners of an industrial property right have their domicile or headquarters outside the country, they must have a representative domiciled in Guatemala, who must be an active collegiate attorney.

Guatemala is a party to the Patent Cooperation Treaty (PCT).

Guatemala has a copyright regime under the Copyright and Related Rights Law of Guatemala. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Arts. 63-71 list the exceptions, which include the reproduction by reprographic means of articles or short extracts of lawfully published works for teaching or examinations in educational institutions and the reproduction of a work for judicial or administrative proceedings, among others. The reproduction of a computer program, even for personal use, shall require the authorisation of the right holder, except for a copy made with the exclusive objective of replacing the legitimately acquired copy when it can no longer be used due to damage or loss.

Despite a generally strong legal framework in place, it is reported that resource constraints, inconsistent enforcement actions against counterfeiting, as well as a lack of coordination among law enforcement agencies have resulted in insufficient intellectual property (IP) enforcement, lack of transparency, and high level of piracy in the government that uses unlicensed software. Moreover, it is reported that signal piracy continues to be an issue, and online piracy through Internet Protocol Television (IPTV) services is also a concern.

Guatemala has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.

Guatemala has ratified the World Intellectual Property Organization (WIPO) Performances and Phonogram Treaty.

Decree No. 57-2000 provides a framework for effective protection of trade secrets. Art. 173 of the Industrial Property Law lists unauthorised use of another's business secret, as well as any act of commercialisation, promotion, disclosure or improper acquisition of such secrets as an unfair competition practice. In addition, Art. 174 defines trade secrets, and Art. 175 lists what the law considers unfair acts related to business secrets. The law also grants civil and criminal venues rights to protect these secrets.

It is reported that there is no obligation for passive infrastructure sharing in Guatemala to deliver telecom services to end users. However, it is practised both in the mobile and fixed sectors based on commercial agreements.

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

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.

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.