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.

Despite a generally strong legal framework in place, it is reported that resource constraints, inconsistent enforcement actions against counterfeiting, and a lack of coordination among law enforcement agencies have resulted in insufficient intellectual property (IP) enforcement, a lack of transparency, and a 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 Phonograms Treaty.

The Law of Industrial Property provides a framework for effective protection of trade secrets. Under Art. 173 of the law, the unauthorised use of another party’s business secret, as well as any act of commercialisation, promotion, disclosure, or improper acquisition of such information, constitutes an act of unfair competition. Art. 174 defines trade secrets, while Art. 175 enumerates the acts deemed unfair in relation to business secrets. Furthermore, the Law provides both civil and criminal remedies for the protection of trade secrets (Art. 275).

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.

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.