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.

According to Art. 3 of the Foreign Investment Law, foreign investors are granted the same treatment as that granted to domestic investors in the development of their economic activities and, therefore, enjoy equal conditions with domestic investors. It is reported that there are some restrictions on broadcasting, but no regulation has been found.

According to Art. 7 of the Law of Industrial Property, when applicants or holders of an industrial property right have their domicile or headquarters outside the country, they must appoint a representative domiciled in Guatemala, who must be an active, registered attorney. As established in Art. 203 of the Law, patent applications must be submitted to the Intellectual Property Registry of Guatemala and must include the general information of the applicant or their legal representative, with proof of legal authorisation for representation.

According to Art. 1 of the Law for the Facilitation of non-commercial online purchases (Decree No. 208), the de minimis threshold, that is, the minimum value of goods below which customs do not charge duties, is USD 300, above the 200 USD threshold recommended by the International Chamber of Commerce (ICC). This applies to purchases made by individuals under the modalities of postal shipments, express delivery or courier companies, small family shipments, and air parcel managers, who are exempt from the payment of import duties and are not subject to compliance with non-tariff requirements.

It is reported that, in order to register a new domain name under the ".sv" top‑level domain, an individual must be appointed as the administrative contact (that is, the person responsible) for the respective domain name. This individual is required to be a permanent resident of El Salvador.

Decree No. 776 on Consumer Protection Law provides a comprehensive framework for consumer protection that also applies to online transactions. Art. 4 of the Consumer Protection Law provides a taxative list detailing the basic rights of the subjects benefited by the law. In addition, Arts. 21-A and 21-B refer to the obligations of suppliers in e-commerce.

El Salvador has acceded to the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.

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

El Salvador has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.

Art. 44 of the Law for the Protection of Personal Data stipulates that international transfers of personal data are permitted only when the recipient country adheres to the principles set out in this Law or the transfers are conducted through recognised international standards. Where the recipient country lacks an adequate level of protection, the transferring country must ensure compliance with this Law during data processing. Regardless of the recipient country’s protection level, data controllers must adopt appropriate and effective measures to ensure both the proper handling of the transferred data and the security of records at the time of transfer. An exception applies to transfers carried out under Central American Economic Integration treaties, where data transfers may proceed in accordance with the terms legally agreed by member states. In all cases, prior consent from the data subject is required, unless international instruments provide otherwise and such provisions are reciprocally applied among the signatory countries.

El Salvador lacks binding commitments on open transfers of cross-border data flows. Art. 14.5 of the Central America-Dominican Republic-US Free Trade Agreement (DR-CAFTA) incorporates a provision relating to cooperation on the free flow of data. However, this provision is not binding; instead, it proposes collaboration on this issue.

The Law for the Protection of Personal Data establishes a comprehensive regulatory framework for data protection in El Salvador. It grants data subjects the rights of access, rectification, erasure, and objection to direct marketing. The Law imposes obligations on both public and private entities, including the requirement to obtain prior consent for data processing, and compliance with provisions concerning data transfers and the processing of sensitive data. It also designates the State Cybersecurity Agency as the supervisory authority and provides for sanctions in cases of non-compliance. In addition, the Consumer Protection Law, as amended in 2018, regulates the financial sector and e-commerce, and sets out obligations regarding the security and confidentiality of consumer personal information.