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. 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.

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.

Under Art. 15 of the Law for the Protection of Personal Data, entities that process personal data are required to appoint a data protection officer.