Are eSignatures Legally Binding in Guatemala?

Electronic signatures are legal in Guatemala and have been since 2008 with the introduction of the Electronic Communications and Signatures (ECS) Law. A written signature is not always required for a contract to be valid in Guatemala. Contracts are deemed valid as long as the parties involved are legally competent and have reached an agreement, whether that agreement is made verbally, on paper, or electronically. According to ECS Law, a contract cannot be denied enforceability simply because it is in a digital format. To prove that a contract is valid parties sometimes have to present evidence in court. Electronic records are admissible as evidence under Article 11 of the ECS Law.

Documents that can be signed electronically

Simple electronic signatures can be used in Guatemala in the use cases below:

Credit agreements
Purchase agreements not related to real property
Commercial agreements between corporate entities such as NDAs, procurement documents, purchase orders, sales agreements, invoices, and more
Consumer agreements e.g., sales terms, new retail account opening documents, services terms, order confirmations, and more
Construction agreements
Deposit agreements
Transportation agreements
Rooming accommodation agreements
Licensing agreements
Lease agreements (if not required to be registered)
Supply agreements

Documents that may not be electronically signed

In Guatemala, there are specific use cases that do not permit the use of electronic signatures and require a handwritten signature and formal notarial processes that are not typically compatible with e-signatures or digital transactions. These include:

Contracts related to real property
Promise to purchase real property
Pre-nuptial agreements
Some contracts governed by the law of civil succession
Trust agreements
Power of attorney
Employment contract
Release contract
Annuity contract
Articles of incorporation of a company
Change of legal name
Articles of incorporation of civil association e.g., NGOs or foundations

Types of e-signature permitted in Guatemala

Guatemala permits the use of advanced electronic signatures. An advanced electronic signature must meet the following requirements; it is uniquely linked to the signature and can identify the signer, it is created with means that stay under the signer’s control, and it is linked to the electronic record in a way that any changes made after signing can be identified.

Notable legality changes since 2020

None.

Publicly Accessible Links to Laws/Regulations Discussed

Electronic Communications and Signatures (ECS) Law

Disclaimer

The content provided on this website is meant for general informational use only and does not constitute legal advice. Legal regulations on this topic can evolve rapidly, so E-Sign does not ensure that the information presented here is always up-to-date or accurate. If you have particular legal concerns regarding any details on this site, it is recommended that you consult with a licensed attorney in your jurisdiction.

Last Updated 9th October 2024

The Legality of eSignatures in Guatemala

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