GUATEMALA
Since May 2003
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Decree No. 06-2003 - Consumer and User Protection Law (Decreto N0. 06-2003 - Ley de Protección al Consumidor y Usuario)
The Consumer and User Protection Law provide a comprehensive framework for consumer protection that also applies to online transactions
Coverage E-commerce sector
GUATEMALA
N/A
Pillar Online sales and transactions |
Indicator Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Guatemala has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
GUATEMALA
Since 2008
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Guatemala has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
GUATEMALA
Since 2008
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
UNCITRAL Model Law on Electronic Signatures
Guatemala has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal
GUATEMALA
N/A
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Lack of intermediary liability framework in place beyond copyright infringements
A basic legal framework on intermediary liability beyond copyright infringement is absent in Guatemala's law and jurisprudence.
Coverage Internet intermediaries
GUATEMALA
Since October 2013
Pillar Intermediary liability |
Indicator User identity requirement
Mobile Terminal Equipment Act (Ley de Equipos Terminales Móviles)
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.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20150615204858/http://www.oj.gob.gt/es/QueEsOJ/EstructuraOJ/UnidadesAdministrativas/CentroAnalisisDocumentacionJudicial/cds/CDs%20leyes/2013/pdfs/decretos/D08-2013.pdf
- https://web.archive.org/web/20250712032300/https://sit.gob.gt/registro-de-comercializadores-de-equipos-terminales-moviles-y-tarjetas-sim/obligaciones-de-los-comercializadores/
GUATEMALA
Reported in 2013, last reported in 2025
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Complaints on customs procedures
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.
Coverage Horizontal
GUATEMALA
Since April 1961, last amended in April 2017
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Local content requirements (LCRs) on ICT goods for the commercial market
Labour Code (Código del Trabajo)
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.
Coverage Horizontal
GUATEMALA
Reported in 2023, last reported in 2025
Pillar Technical standards applied to ICT goods and online services |
Indicator Self-certification for product safety
Supplier Declaration of Conformity not allowed for foreign businesses
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.
Coverage Telecom equipment
Sources
- https://web.archive.org/web/20231203145604/https://sit.gob.gt/gerencia-de-frecuencias/mas-informacion/dispensacion-de-homologacion/
- https://web.archive.org/web/20231128103713/https://ib-lenhardt.com/type-approval/guatemala
- https://web.archive.org/web/20250616071133/https://ib-lenhardt.com/type-approval/guatemala
- https://web.archive.org/web/20241211200635/https://www.eleoscompliance.com/es/type-approval/guatemala
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GUATEMALA
N/A
Pillar Online sales and transactions |
Indicator Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
Guatemala does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties.
Coverage Horizontal
GUATEMALA
N/A
Pillar Telecom infrastructure & competition |
Indicator Presence of an independent telecom authority
Lack of an independent telecom authority
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.
Coverage Telecommunications sector
Sources
- https://app.gen5.digital/tracker/country-cards/Guatemala
- https://web.archive.org/web/20240423230013/https://www.bnamericas.com/en/company-profile/superintendencia-de-telecomunicaciones-de-la-republica-de-guatemala-sit
- https://web.archive.org/web/20250309002303/https://datahub.itu.int/data/?i=100088&s=3109&e=GTM
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GUATEMALA
Since December 2021
Pillar Cross-border data policies |
Indicator Ban to transfer and local processing requirement
Resolution JM-104-2021 of the Monetary Board of the Banco de Guatemala (Resolución JM-104-2021 de la Junta Monetaria del Banco de Guatemala)
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.
Coverage Financial sector
GUATEMALA
N/A
Pillar Cross-border data policies |
Indicator Participation in trade agreements committing to open cross-border data flows
Lack of binding commitments to open transfers of data across borders
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.
Coverage Horizontal
GUATEMALA
N/A
Pillar Domestic data policies |
Indicator Framework for data protection
Lack of comprehensive legal framework for data protection
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.
- 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.
Coverage Horizontal
Sources
- https://web.archive.org/web/20241203021453/https://unctad.org/page/cyberlaw-tracker-country-detail?country=gt
- https://web.archive.org/web/20201122165750/https://www.congreso.gob.gt/assets/uploads/info_legislativo/iniciativas/Registro4090.pdf
- https://web.archive.org/web/20240928233548/https://www.dataguidance.com/jurisdiction/guatemala
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GUATEMALA
N/A
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for copyright infringement
Lack of intermediary liability framework in place for copyright infringements
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."
Coverage Internet intermediaries
Sources
- https://web.archive.org/web/20241106142153/https://wilmap.stanford.edu/entries/copyright-law-decree-no-33-89-may-2003
- https://web.archive.org/web/20230329011322/https://mcd.gob.gt/wp-content/uploads/2013/07/ley_derechos_de_autor_conexos_01.pdf
- https://wipolex.wipo.int/en/text/333379
- https://www.palermo.edu/Archivos_content/2023/cele/papers/230301-La-responsabilidad-de-intermediarios.pdf
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