Is an electronic signature legal in Guatemala?
A written signature is generally not required for a valid contract (Civil Code Art. 1574; ECS Law Art. 5); the ECS Law confirms a contract is not unenforceable merely for being electronic, and electronic records are admissible under Art. 11.
What types of electronic signature are recognized in Guatemala?
The ECS Law recognizes an electronic signature and an “advanced electronic signature” (uniquely linked to and identifying the signatory, under their exclusive control, and tamper-evident).
What documents can be signed electronically in Guatemala?
A standard electronic signature suits commercial agreements (NDAs, procurement, sales, service), consumer agreements, leases (if not registrable), credit, deposit, construction, supply, transportation, and licensing agreements, and purchases not related to real property.
What documents cannot be signed electronically in Guatemala?
Many acts require notarization and cannot be electronically signed; confirm whether a notarial form applies.
What court cases have addressed eSignatures in Guatemala?
None reported.
