Guatemala Electronic Signature Compliance Explanation

Are electronic signatures legal in Guatemala? What laws primarily regulate electronic signatures?

Electronic signatures are legal in Guatemala, and they are primarily regulated by the Electronic Communications and Signatures Act of 2008 (referred to as the “ECS Act”).

What types of electronic signatures are recognized in Guatemala? What are the requirements for each?

Guatemala recognizes two types of electronic signatures, namely standard electronic signatures and advanced electronic signatures.

1. Standard Electronic Signature

ECS defines an electronic signature as data attached to an electronic document for the purpose of identifying the signatory.

A standard electronic signature must meet the following conditions:

• It must be attached to the electronic document being signed or logically linked to it;
• It must clearly indicate the signatory;
• It must indicate the signatory’s acceptance of the content of the electronic document.

2. Advanced Electronic Signature

An advanced electronic signature is one that meets the following requirements:

• It is uniquely associated with the signatory;
• It allows for the identification of the signatory;
• It is created using means that the signatory can maintain under their exclusive control;
• The data is linked to the associated data in a way that any subsequent changes to the data can be detected.

The main difference between the two types of signatures lies in the identity of the signatory. In a standard electronic signature, there is no formal requirement or method to identify the signatory. In an advanced electronic signature, the signatory must be registered or verified by one of the authorized entities in Guatemala.

In what scenarios can standard electronic signatures be used in Guatemala?

• Credit agreements
• Purchase agreements unrelated to real estate
• Business agreements between corporate entities (e.g., confidentiality agreements, procurement documents, purchase orders, sales agreements, invoices, etc.)
• Consumer agreements, such as terms of sale, new retail account opening documents, terms of service, order confirmations, etc.
• Construction agreements
• Deposit agreements
• Transportation agreements
• Accommodation agreements
• License agreements
• Lease agreements (if registration is not required)
• Supply agreements

In what scenarios are traditional signatures required in Guatemala?

• Contracts related to real estate
• Commitments to purchase real estate
• Prenuptial agreements
• Some contracts governed by civil succession law
• Trust agreements
• Powers of attorney
• Employment contracts
• Publishing contracts
• Annuity contracts
• Corporate bylaws
• Legal name changes
• Bylaws of civil associations, such as non-governmental organizations or foundations