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 foreign companies and importers have faced recurring uncertainty and delays in Guatemala’s customs procedures. Earlier complaints concerned insufficient advance notice of changes to documentation requirements, challenges to declared tariff classifications, attempts to reclassify goods under Harmonised System (HS) codes subject to higher duties, and problems and delays arising from the introduction of a new customs law. More recent complaints concern the use of an inaccurate reference-price database for customs valuation, including treating reference values as minimum prices and comparing imports with dissimilar products. Investigations of declared values may result in goods being detained for 20 days or more, while appeals are described as lengthy and opaque and have taken up to four years in some cases.

According to Art. 13 of Guatemala’s Labour Code, employers are required to maintain a workforce composed of at least 90% Guatemalan workers, excluding general managers, directors, administrators, superintendents, and company heads. However, exceptions to this rule may be granted under specific conditions. As specified in Art. 13(a), the Executive Branch, through a reasoned resolution issued by the Ministry of Labour and Social Welfare, may reduce the percentage of Guatemalan workers by up to 10% for a period of up to five years per company when justified by reasons such as the protection and promotion of the national economy, and the lack of qualified Guatemalan technicians in a given activity. In such cases, the Ministry must require the benefiting companies to train Guatemalan technicians in the relevant field within the established timeframe.

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.

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

Under Art. 77 of the State Contracting Law, foreign companies may participate in public procurement procedures only after obtaining provisional registration in the Mercantile Registry. Pursuant to Art. 12 of Ministerial Agreement No. 563-2018, such registration requires the appointment of a legal representative. If the foreign company is awarded the contract, Art. 12(b) further requires it to demonstrate that it is duly authorised to operate in Guatemala through a registered branch.
Although provisional registration may be formally completed during the tendering process, in practice, foreign companies may face difficulties completing the procedure before the bid submission deadline. Companies established exclusively abroad may also participate by submitting their expression of interest or economic offer in physical form, provided that their country of origin is a party to a trade agreement with Guatemala that grants access to the government procurement market. In either case, foreign suppliers are accorded the same treatment as domestic suppliers.

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.

Under Art. 5(a)–(c) of the State Contracting Law and Art. 8 of its Regulations, public entities may use an exceptional direct-import procedure only where the value does not exceed the threshold for public quotation and either the goods are not produced domestically, are produced in insufficient quantities, or are not otherwise available in the domestic market through existing stocks, representatives or authorised distributors. Direct importation may also be authorised where its total landed cost is lower than the domestic-market price. The entity must document the applicable conditions, and the importation must be authorised by its superior administrative authority following a price assessment. Accordingly, direct sourcing from abroad is permitted only exceptionally, after preference has effectively been given to domestically produced goods and supplies available in the local market.

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

According to Art. 97 of the State Contracting Law, with regard to contracts and concessions for public services, workers employed under public procurement must preferably be Guatemalan, in the proportion established by the Labour Code. Art. 13 of the Labour Code stipulates that employers are prohibited from hiring less than 90% Guatemalan workers, except in specific cases provided by law.

It is reported that foreign companies face an uneven playing field when participating in Guatemala’s public procurement processes. Since 2015, stakeholders have raised concerns regarding emergency direct purchases from pre-selected suppliers, tender requirements allegedly structured to favour particular companies, and irregularities and transparency gaps in major procurement procedures. More recent reports indicate that systemic corruption and favouritism towards well-connected firms continue to discourage foreign participation. Investors have also described corruption as pervasive in public procurement, including the payment of bribes to secure the award of public construction contracts.

Guatemala is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), however, it holds observer status since June 2025.