Page 1

DECREE NUMBER 47-2008
THE CONGRESS OF THE REPUBLIC OF GUATEMALA

CONSIDERING:
That the State as responsible for the common good must maintain, reinforce and apply policies and actions
that allow greater participation in the dynamics and benefits of free economic and social development,
modernization, economic processes without obstacles or artificial obstacles, as well as the insertion of the
country in the streams of global progress in a sustainable and equitable way.

CONSIDERING:
That the massive immersion of technology in our society is a reality that we cannot ignore and
therefore, traditional concepts and visions of the physical world should be reviewed to adapt them to the current
context of the digital world.

CONSIDERING:
That the promotion of electronic commerce in all its aspects requires legislation whose
The foundation is, among others, the facilitation of electronic commerce within and beyond the
national borders, the validation, promotion and stimulation of operations carried out through the
new information technologies based on the autonomy of will and support for the
new commercial practices, taking into account technological neutrality at all times.

CONSIDERING:
That integration to global electronic commerce requires the adoption of technical instruments and
based on models of international legislation that seek the standardization of this branch
of so specialized law, and that legal and technical security should be given to hiring,
communications and electronic signatures by indicating the functional equivalence to these
latest for paper documents and handwritten signatures.

THEREFORE:
In exercise of the attributions conferred by letter a) of article 171 of the Political Constitution of the
Republic,

DECREE:
The next:

LAW FOR THE RECOGNITION OF THE
COMMUNICATIONS AND ELECTRONIC SIGNATURES

Page 2

TITLE I
ELECTRONIC COMMERCE IN GENERAL
CHAPTER I
GENERAL DISPOSITION
ARTICLE 1. Scope of application.
This law will be applicable to all types of electronic communication, transaction or legal, public act
or private, national or international, except in the following cases:

a) In the obligations contracted by the State by virtue of International Agreements or Treaties.
b) In the written warnings that by legal provision must necessarily be printed in a certain type
of products due to the risk involved in their commercialization, use or consumption.

The State and its institutions are expressly empowered to use communications and
electronic signatures.
In transactions and acts carried out exclusively between private subjects and that do not affect rights
of third parties, the parties may agree to the application of the mechanisms provided for in this law or
any other alternatives they wish to ensure the authenticity and integrity of their
electronic communications.
The provisions contained in this law shall be applied without prejudice to the regulations relating to the
celebration, formalization, validity and effectiveness of contracts and other legal acts; the regime
legal applicable to obligations; and the obligations established for merchants by the
current legislation.
The rules on the presentation of electronic signature certification services included in this law,
They do not replace or modify those that regulate the functions that correspond to people
empowered, in accordance with the law, to attest to the signature on documents or to intervene in their elevation
to audiences.

ARTICLE 2. Definitions.
For the purposes of this law, it will be understood as:
Certificate: Any data message or other record that confirms the link between a signer and the data
signature creation, usually issued by a third party other than the originator and recipient.
Electronic Commerce: Covers the issues raised by any relationship of a commercial nature, whether or not
contractual, structured from the use of one or more electronic communications or
any other similar means. Relations of a commercial nature include, but are not limited to, the
following operations: any commercial operation for the supply or exchange of goods or services; everything
Distribution agreement; any representation operation or commercial mandate; all kinds of operations
financial, including factoring and the leasing of capital goods with an option to buy; from
construction of works; consulting; engineering; licensing; investment; from
financing; banking; insurance; of any agreement for the concession or exploitation of a public service; from
joint venture and other forms of industrial or commercial cooperation; transportation of goods or
passengers by air, sea and rail, or by road.
Communication: Any exposure, statement, claim, notice or request, including an offer and the
acceptance of an offer, which the parties have to make or decide to make in connection with the training or
fulfillment of a contract.

Page 3

Electronic Communication: All communication that the parties make through data messages.

Signature creation data : the unique data, such as private cryptographic codes or keys, that the
Signer used to create the electronic signature.
Recipient: The party designated by the initiator to receive the electronic communication, but not
is acting as an intermediary with respect to that electronic communication.
Chronological Stamping: Electronic communication signed by a certification body that serves
to verify that other electronic communication has not changed in a period beginning on the date
and time when the service is provided and ends on the date and time when the communication is signed
Electronic generated by the stamping service provider loses validity.
Electronic Signature: The data in electronic form consigned in an electronic communication, or
attached or logically associated with it, which can be used to identify the signer with
relation to electronic communication and indicate that the signer approves the information collected in the
electronic communication.
Advanced Electronic Signature: The electronic signature that meets the following requirements:

to.
To be
linked
to the
signatory
b.
Allow
the
ID
c. Have been created using the means that the signer can keep under his exclusive control;
d. Be linked to the data to which it refers, so that any subsequent change in them is
detectable.

from

way
of

only;
signatory;

Signatory: The person who owns the signature creation data and who acts on his or her own behalf or on behalf of the
person he represents.
Initiator: Any party that has acted on its own behalf or on whose behalf it has acted to send or
generate an electronic communication before being archived, if that is the case, but that there is no
acted as an intermediary with respect to that electronic communication.
Electronic Data Interchange (EDI): The electronic transmission of information from a computer
to another, the information being structured in accordance with some technical standard agreed for this purpose.
Intermediary: In relation to a certain electronic communication, any person shall be understood
who, acting on behalf of another, send, receive or archive said electronic communication or provide any
another service regarding him.
Data Message: The document or information generated, sent, received or filed by means
electronic, magnetic, optical or similar, such as, among others, Electronic Exchange
Data (IED), electronic mail, telegram, telex or telefax.
Relying party: The person who can act on the basis of a certificate or signature
electronics.
Certification Services Provider: It will be understood the entity that issues certificates and can
provide other services related to electronic signatures.
Headquarters or place of the commercial establishment: Any place where a party maintains a
non-temporary operations center to carry out an economic activity other than temporary supply
of goods or services from a certain place.
Automated Message System: Any computer program or an electronic medium or some other
automated means used to initiate an action or to respond to operations or messages of
data, that I acted, totally or partially, without a natural person having to intervene or review the action
every time an action is initiated or the system generates a response.

Page 4

Information System: Any system that serves to generate, send, receive; archive or process from
some other form of electronic communications.

ARTICLE 3. Interpretation.
In the interpretation of this law, its international origin, the need for
to promote uniformity in its application and to ensure the observance of good faith, both in the
national and international trade.
The questions related to matters that are governed by this law and that are not expressly
resolved in it, they will be settled in accordance with the general principles on which it is inspired.

ARTICLE 4. Modification by mutual agreement.
Unless otherwise provided, the way in which the relationships between the parties that
generate, send, receive, file or otherwise process electronic communications, they may
be modified by mutual agreement between the parties. In case of no agreement, they will be understood
formalized in accordance with the provisions of Chapter III of Title I of this Law.

CHAPTER II
APPLICATION OF LEGAL REQUIREMENTS TO COMMUNICATIONS
ELECTRONICS
ARTICLE 5. Legal recognition of electronic communications.
Legal effects, validity or binding force will not be denied to a communication or a contract by the
single reason that communication or that contract is in the form of electronic communication.
Nothing in this law shall make a party obliged to use or accept information in
form of electronic communication, but your agreement in this regard may be inferred from your conduct. A) Yes
Likewise, nothing in the provisions of this law shall oblige a communication or a contract to have
to be done or tested in some particular way.

ARTICLE 6. Incorporation by Referral.
Unless otherwise agreed between the parties, when a referral is made in an electronic communication
total or partial to directives, norms, standards, agreements, clauses, conditions, any information or
easily accessible terms with the intention of incorporating them as part of the content or making them
legally binding, those terms are presumed incorporated by reference to that
electronic communication. Between the parties and in accordance with the law, these terms will be legally valid
as if they had been fully incorporated into electronic communication.

Page 5

ARTICLE 7. Written.
When any legal norm requires that information, communication or a contract consist of
written, on paper or in any physical medium, or foresee consequences in the event that this is not
complies, an electronic communication will fulfill that requirement if the information consigned in its text is
accessible for further consultation.

ARTICLE 8. Signature.
When any legal norm requires that a communication or a contract be signed by a party,
or foresee consequences in the event that it is not signed, that requirement will be considered fulfilled with respect to
an electronic communication:
a) If a method is used to determine the identity of that party and to indicate the will that such party has
part regarding the information consigned in the electronic communication; Y,

b) If the method used:
1. It is reliable and appropriate for the purposes for which the communication was generated or transmitted
electronic, taking into account all the circumstances of the case, including any applicable agreement; or if,

2. It has been shown in practice that, by itself or with the support of other evidence, this method
It fulfills the functions set forth in subparagraph a) of this article.

ARTICLE 9. Original.
When any legal norm requires that a communication or a contract be provided or kept
in its original format, or foresee consequences in the event that this is not fulfilled, that requirement is
will have as fulfilled with respect to an electronic communication:
a) If there is any reliable guarantee of the integrity of the information it contains, from the moment
that was generated for the first time in its final form, both in electronic communication and in other
nature; Y,
b) If, in cases where it is required to provide the information it contains, it can be displayed to the
person to whom it is to be provided.

ARTICLE 10. Integrity of an electronic communication.
For the purposes of article 9 above, it will be considered that the information consigned in a communication
electronics is complete, if it meets the following criteria:
a) This has been kept complete and without alterations other than the addition of an endorsement or any
change that occurs in the normal course of transmission, filing or presentation; Y,

b) The degree of reliability required will be determined taking into account the purpose for which the
information, as well as all the circumstances of the case.

Page 6

ARTICLE 11. Admissibility and probative force of electronic communications.
Electronic communications will be admissible as evidence. Efficacy will not be denied,
validity or mandatory and probative force in all administrative, judicial or private actions to all types of
information in the form of electronic communication, for the sole fact that it is a communication
electronic, nor by reason of not having been presented in its original form.

ARTICLE 12. Criteria for evaluating an electronic communication probatively.
All information presented in the form of electronic communication will enjoy the due evidentiary force.
in accordance with the criteria recognized by the legislation for the assessment of the evidence. When valuing
the probative force of a data message must be taken into account the reliability of the way in which
the message has been generated, archived or communicated; the reliability of the way it has been
preserved the integrity of the information; the way in which its initiator and any others are identified
relevant factor.

ARTICLE 13. Conservation of electronic communications.
When any legal norm requires that certain documents, records or information be
conserved, this requirement will be satisfied by the conservation of the communications
electronic, provided that the following conditions are met:
a) That the information they contain is accessible for later consultation;
b) That the electronic communication be kept in the format in which it was generated, sent or
received or in a format that allows demonstrating that it accurately reproduces the information generated,
sent or received; Y,
c) To keep, if any, all information or data that allows determining the origin, destination
of the message, the date and time it was sent or received.
The documents, records or information that it has will not be subject to the obligation of conservation.
for the sole purpose of facilitating the sending or receiving of electronic communication. Books and papers
They may be kept in any technological medium that guarantees their exact reproduction.

ARTICLE 14. Conservation of data messages and document filing through third parties.
Compliance with the obligation to keep documents, records or information in communications
electronic, it may be done directly or through third parties, as long as the
conditions stated in the previous article.

Page 7

CHAPTER III
ELECTRONIC COMMUNICATIONS AND FORMATION OF CONTRACTS THROUGH
ELECTRONIC MEDIA
ARTICLE 15. Formation and validity of contracts.
In the formation of a contract by individuals or public entities, unless expressly agreed between the
parties, the offer and its acceptance may be expressed through electronic communication. Not
validity or binding force will be denied to a contract for the sole reason of having been used in its formation
one or more electronic communications.

ARTICLE 16. Acknowledgment of electronic communications by the parties.
In the relations between the initiator and the recipient of an electronic communication, they will not be denied
legal effects, validity or binding force to a manifestation of will or other declaration by the
single reason for having been done in the form of electronic communication.

ARTICLE 17. Attribution of an electronic communication.
It will be understood that an electronic communication comes from the initiator, if it has been sent by the initiator himself.
initiator.
In the relations between the initiator and the recipient, it will be understood that an electronic communication
comes from the initiator if it has been sent:
a) By any person empowered to act on behalf of the initiator with respect to such communication; or,
b) By an information system programmed by the initiator or on his behalf to operate
automatically.

ARTICLE 18. Presumption of the origin of an electronic communication.
In relations between the initiator and the recipient, the recipient shall have the right to consider that a
Electronic communication comes from the initiator, and to act accordingly, when:
a) To verify that the communication came from the initiator, the recipient has applied
suitably a procedure previously accepted by the initiator for that purpose; or,
b) The electronic communication received by the addressee results from the acts of a person whose
relationship with the initiator, or with any representative of his, has given him access to a method used by
the initiator to identify an electronic communication as its own.
What is expressed in this article will not apply from the moment the recipient has been
informed by the initiator that the electronic communication did not come from the initiator and has had
a reasonable time to act accordingly; or, in the cases provided for in literal b) of this article,
from the moment the recipient knows, or should have known, of having acted with due diligence
or having applied some agreed method, that the electronic communication did not come from the initiator.

Page 8

ARTICLE 19. Concordance of the electronic communication sent with the communication
received electronics.
Whenever an electronic communication comes from the initiator or is understood to come from him, or
provided that the addressee has the right to act in accordance with this assumption, in the relations between the
initiator and recipient, the latter shall have the right to consider that the electronic communication
received corresponds to the one the initiator wanted to send, and may proceed accordingly.
The recipient will not enjoy this right if he knew, or would have known, if he had acted appropriately.
diligence or having applied an agreed method, that the transmission had resulted in an error in
electronic communication received.
The recipient will have the right to consider that each electronic communication received is a
separate electronic communication and by acting accordingly, except to the extent duplicated by another
electronic communication, and that the addressee knows, or should know of having acted with the due
diligence or having applied an agreed method, that the new electronic communication was a
duplicate.

ARTICLE 20. Acknowledgment of receipt.
If when sending or before sending an electronic communication, the initiator requests or agrees with the
recipient who acknowledges receipt of the electronic communication, but has not agreed between them a
determined form or method to carry it out, receipt may be acknowledged by:
a) Any communication from the recipient, automated or not; or,

b) Any act of the addressee that is sufficient to indicate to the initiator that the communication has been received
electronics.
When the initiator has indicated that the effects of electronic communication will be conditional on
upon receipt of an acknowledgment of receipt, the electronic communication shall be deemed not to have been sent in
so much so that the acknowledgment of receipt has not been received.

ARTICLE 21. Lack of Acknowledgment of Receipt.
In accordance with the previous article, when the initiator has not indicated that the effects of the message
of data will be conditional on the receipt of an acknowledgment of receipt, if you have not received an acknowledgment within the deadline
fixed or agreed or no term has been fixed or agreed, within a period of five days the initiator
may:
a) Notify the addressee that they have not received acknowledgment of receipt and set a reasonable period for its
reception; Y,
b) If you do not receive an acknowledgment within the period set in accordance with literal a) above, you may, giving notice of it to the
recipient, consider that the electronic communication has not been sent or exercise any other
right you may have.

Page 9

ARTICLE 22. Presumption of receipt of an electronic communication.
When the initiator receives acknowledgment from the recipient, it shall be presumed that the recipient has received the
corresponding electronic communication.

This presumption will not imply that the electronic communication corresponds to the message received. When
the acknowledgment of receipt indicates that the electronic communication received meets the requirements
technicians agreed or enunciated in any applicable technical standard, it will be presumed that this is the case.

ARTICLE 23. Legal effects.
Except for the sending or receiving of electronic communications, articles 21 and 22, do not
obey the purpose of governing the legal consequences that may arise from that communication
electronic or your acknowledgment of receipt. The legal consequences of electronic communications are
They will govern in accordance with the rules applicable to the act or legal business contained in said data message.

ARTICLE 24. Time and place of sending and receiving electronic communications.
If the initiator and the recipient do not agree otherwise, the electronic communication will be considered as:
a) Issued: the moment it leaves an information system that is under the control of the
initiator or the party sending it on behalf of the initiator or, if the electronic communication has not come from a
information system that is under the control of the initiator or the party sending it on his behalf,
at the time that communication is received.
b) Received: at the time it can be retrieved by the recipient at an electronic address
that he has designated. Electronic communication will be considered received at another electronic address
of the recipient at the time it can be retrieved by the recipient at that address and in the
moment in which the recipient becomes aware that this communication has been sent to said
direction. It will be presumed that an electronic communication can be obtained by the addressee in the
moment in which it arrives at the electronic address of this one.
c) The electronic communication will be considered issued in the place where the initiator has its
establishment and received in the place where the recipient has his, as determined in
function of the provisions of this law.
d) Paragraph b) of this article will be applicable even when the information system that serves as
support to the electronic address is located in a place other than the one in which it is considered received
the communication by virtue of literal c) of this article.

ARTICLE 25. Invitations to present offers.
Any proposal to enter into a contract submitted through one or more communications
electronic, which is not directed to one or more specific parties, but is generally
accessible to any party that makes use of information systems, as well as any proposal that makes
use of interactive applications to place orders through such systems, it will be considered a
invitation to tender, unless clearly indicates the intention of the party submitting the
proposal to be bound by your offer if it is accepted.

Page 10

ARTICLE 26. Use of automated message systems for the formation of a contract.
No validity or binding force shall be denied to a contract that has been formed by the interaction between a
automated message system and a natural person, or by the interaction between systems
automated messages, for the simple reason that no natural person has reviewed each one
of the different acts carried out through the systems or the contract resulting from such acts nor has
intervened in them.

ARTICLE 27. Availability of contractual conditions.
Nothing in the present law will affect the application of any rule of law by which
oblige a party to negotiate some or all of the conditions of a contract by exchanging
of electronic communications to be made available to the other contracting party, as determined
way, electronic communications that contain the conditions of the contract, nor will it exempt a
part that does not do so of the legal consequences of not having done so.

ARTICLE 28. Error in electronic communications.
When a natural person makes a mistake when entering the data of an electronic communication
exchanged with another party's automated message system and that system does not provide you with the
opportunity to correct the error, that person, or the party on whose behalf that person acted, will have
Right to withdraw the part of the electronic communication in which said error occurred, if:
a) The person, or the party on whose behalf that person acted, notifies the other party of the error as
as soon as possible after you are aware of it and indicate that you have committed it; what if,
b) The person, or the party on whose behalf that person has acted, has not used goods or services or
you have obtained any material benefit or value from the goods or services, if any, that you have received
Of the other part.
Nothing in this article will affect the application of any rule of law that
regulate the consequences of a mistake made, subject to the provisions of the first paragraph of this
Article.

ARTICLE 29. Location of the parties.
For the purposes of this law, it shall be presumed that the headquarters or the place of commercial establishment of a
part is in the place indicated by it, unless another part shows that the part that made that
Indication has no headquarters or commercial establishment in that place.

If a party has not indicated the seat or place of business establishment, and has more than one
commercial establishment, will be considered as such, for the purposes of this Law, the one that has the
closer relationship to the relevant contract, taking into account known circumstances or
provided by the parties at any time before the conclusion of the contract or at the conclusion of it. Yes
a natural person does not have a business establishment, their place of residence will be taken into account
habitual.

Page 11

A place does not constitute a commercial establishment simply because it is the place:
a) Where the equipment and technology that support the information system are located
used by one of the parties for the formation of a contract; or,

b) Where other parties can obtain access to said information system.
The fact that a party makes use of a domain name or an email address
linked to a certain country does not create the presumption that your business establishment is in that country.
country.

ARTICLE 30. Information Requirements.
Nothing in the present law shall affect the application of any legal norm by virtue of the
which the parties must disclose their identity, the location of their establishment or other data, nor will it exempt from
legal consequences to a party who has made inaccurate statements in this regard,
incomplete or false.

TITLE II
ELECTRONIC COMMERCE IN SPECIFIC SUBJECTS
CHAPTER I
MERCHANDISE TRANSPORTS
ARTICLE 31. Acts related to merchandise transport contracts.
Without prejudice to the provisions of Title I of this law, this chapter will be applicable to
any of the following acts related to a contract for the carriage of goods, or
with its fulfillment, without the list being exhaustive:
a) Indication of the brands, the number, the quantity or the weight of the merchandise; declaration of nature
or the value of the goods; issuance of a receipt, invoice or voucher for the goods;
confirmation that the loading of the goods has been completed.
b) Notification to any person of the clauses and conditions of the contract; communication of
instructions to the bearer.
c) Claim for the delivery of the goods; authorization to proceed with the delivery of the
goods; notification of the loss of the goods or the damage they have suffered.

d) Any other notification or statement related to the fulfillment of the contract.
e) Promise to deliver the goods to the designated person or to a person authorized to
claim that delivery.

f) Concession, acquisition, resignation, restitution, transfer or negotiation of any right over
goods.
g) Acquisition or transfer of rights and obligations under the contract.

Page 12

ARTICLE 32. Transport documents.
Subject to the provisions of the third paragraph of this article, in cases where the law requires that
any of the acts enunciated in article 31 above is carried out in writing or by means of a
document consisting of paper, this requirement will be satisfied when the act is carried out by
medium of one or more data messages.

The preceding paragraph will be applicable whether the requirement set forth therein is expressed in the form of an obligation,
as if the law simply provides consequences in the event that the act is not carried out in writing or

through a document.

When any right is granted to a specific person and to no other, or this person acquires any
obligation, and the law requires that, for that act to take effect, the right or obligation must
transferred to that person by sending or using a document, that requirement will remain
satisfied if the right or obligation is transferred through the use of one or more messages from
data, provided that a reliable method is used to ensure the uniqueness of that message or those
data messages.

For the purposes of the preceding paragraph, the level of reliability required will be determined according to the purposes
for which the right or obligation was transferred and of all the circumstances of the case, including
any relevant agreement.
When one or more data messages are used to carry out any of the acts stated in
literals f) and g) of article 31 above, no document used to carry out
any such act, unless the use of data messages has been terminated to replace it
by the documents. Any document issued in these circumstances must contain a
statement to that effect. The replacement of data messages by documents will not affect the rights
nor to the obligations of the parties.
When a legal rule is obligatorily applied to a contract for the carriage of goods that
is consigned, or which has been recorded in a document, that rule will not cease
apply to a contract for the carriage of goods that has been recorded in one or more
data messages for the reason that the contract appears in that message or those data messages in
instead of being in a document.

TITLE III
SUPPLEMENTARY PROVISIONS TO ELECTRONIC COMMERCE
CHAPTER I
ADVANCED ELECTRONIC SIGNATURE AND SERVICE PROVIDERS OF
CERTIFICATION
ARTICLE 33. Legal effects of an electronic signature or advanced electronic signature.
The electronic signature or advanced electronic signature, which may be certified by an entity
certification service provider, which has been produced by a secure device for the creation of
signature, will have, with respect to the data entered in electronic form, the same legal value as the signature
handwritten in relation to those recorded on paper and will be admissible as evidence in court, assessing
this, according to the assessment criteria established in the procedural rules.

This regulation excludes the provisions for death cause and legal acts
of family law.

Page 13

When an advanced electronic signature has been fixed in an electronic communication it is presumed that
the subscriber of that one had the intention to accredit that electronic communication and to be linked
with its content. To be considered reliable the use of an advanced electronic signature, it
it will have to incorporate at least the following attributes:
a) That the signature creation data, in the context in which they are used, correspond
exclusively to the signer;
b) That the signature creation data were, at the time of signature, under the exclusive control of the
signatory;
c) That it is possible to detect any alteration of the electronic signature made after the moment of the
firm; Y,
d) When one of the objectives of the legal requirement of the firm is to provide assurance regarding the
integrity of the information to which it corresponds, that it is possible to detect any alteration of that
information made after the time of signing.
The provisions of this article shall be understood without prejudice to the possibility that any person
demonstrate, in any other way, the reliability of an electronic signature; or, to adduce evidence that
an electronic signature is not reliable.

ARTICLE 34. Competent body.
The State, through the corresponding body or entity, may attribute competence to a person,
public or private body or entity, to determine which electronic signatures comply with the provisions of
Article 33 above. For this purpose, said determination that is made must be compatible with the
recognized international standards or criteria.

ARTICLE 35. Proceed from the Signatory.
Where signature creation data can be used to create a legal signature, each
signer must:

a) Act with reasonable diligence to avoid the unauthorized use of your data for creating the
firm.
b) Without undue delay, use the means provided by the certification service provider
in accordance with this law, or in any case to make a reasonable effort to give notice to any
person who, as the signer can reasonably foresee, may consider the electronic signature reliable
or provide services that support it if:

1. The signer knows that the signature creation data has been compromised; or,
2. The circumstances of which the signer is aware give rise to a considerable risk that the
signature creation data have been compromised.

c) When a certificate is used to endorse the electronic signature, act with reasonable diligence
to ensure that all statements you have made regarding the life cycle of the certificate or
that are to be recorded in it are exact and complete.

Page 14

The signatory will be responsible for the legal consequences of not having complied with the
previous requirements set forth in this article.

ARTICLE 36. Proceed from the certification service provider.
When a certification service provider provides services to support an electronic signature that
can be used as a signature with legal effects, that certification service provider must:

a) Act in accordance with the statements made regarding its standards and practices.
b) Act with reasonable diligence to ensure that all important statements made
made in relation to the life cycle of the certificate or that are consigned in it are exact and precise.

c) Provide the party relying on the certificate with reasonably accessible means that allow
It is determined by the certificate:
1. The identity of the certification service provider;

2. That the signer named in the certificate had under his control the signature creation data in the
time when the certificate was issued;
3. That the signature creation data was valid on or before the date the certificate was issued.
her.
d) Provide the party that trusts the certificate with reasonably accessible means that, when
appropriate, allow it to determine through the certificate or otherwise:
1. The method used to verify the identity of the signer;
2. Any limitation of the purposes or the value for which the data of
creation of the signature or certificate;
3. If the signature creation data is valid and not in doubt;
4. Any limitation of the scope or degree of responsibility established by the provider of
certification services;
5. There is a means for the signer to notify that the signature creation data are in
interdict, in accordance with the provisions of literal b) of article 35 of this law;

6. If a service is offered to revoke the certificate in a timely manner.
e) When services are offered in accordance with numeral 5 of literal d) of this article, provide
a means so that the signer of notice in accordance with literal b) of article 35 of this law and, when
offer services by virtue of numeral 6 of subsection d) of this article, make sure that there is a
service to timely revoke the certificate.
f) Use, when providing services, systems, procedures and reliable human resources.

The certification service provider will be responsible for the legal consequences produced by the
Failure to meet the previous requirements set forth in this article.

Page 15

ARTICLE 37. Reliability.
For the purposes of literal f) of article 36 above, to determine whether the systems, procedures or
The human resources used by a certification service provider are reliable, and to what extent
are, the following factors may be taken into account:
a) Human and financial resources, including the existence of assets;
b) The quality of computer hardware and software systems;

c) The procedures for the transmission of the certificate and applications for certificates, and the conservation
of records;
d) The availability of the information for the signers named in the certificate and for the parties that
trust this one;
e) The frequency and scope of the audit carried out by an independent body;
f) The existence of a declaration from the State, an accreditation body or the service provider
certification regarding compliance or the existence of the foregoing factors; or,
g) Any other pertinent factors.

ARTICLE 38. Proceed from the party that trusts the certificate.
The legal consequences produced by the event will be borne by the party that relies on the certificate.
you have not taken reasonable steps to:

a) Verify the reliability of the electronic signature; or,
b) When the electronic signature is endorsed by a certificate:
i. Verify the validity, suspension or revocation of the certificate; Y,

ii. Take into account any limitations in relation to the certificate.

ARTICLE 39. Recognition of foreign certificates and foreign electronic signatures.
When determining whether or to what extent a certificate or electronic signature produces legal effects,
produced, the following will not be taken into consideration:
a) Place where the certificate was issued or where the electronic signature was created or used;
neither,
b) The place where the establishment of the issuer or signatory is located.
Any certificate issued abroad will produce the same legal effects as the one issued within
of the territory of the Republic, if a substantially equivalent degree of reliability is presented.

Page 16

Any electronic signature created or used abroad will produce the same legal effects as the
issued within the territory of the Republic, if it presents a degree of reliability substantially
equivalent.

In order to determine whether a certificate or an electronic signature has a degree of reliability
substantially equivalent for the purposes of the two previous paragraphs of this article,
they will take into account recognized international standards and any other relevant factors.
When, without prejudice to the provisions of the three preceding paragraphs of this article, the parties
agree between themselves the use of certain types of electronic signatures or certificates, it will be recognized
that such agreement is sufficient for the purposes of cross-border recognition, unless the agreement is not
valid or effective in accordance with applicable law.

ARTICLE 40. Characteristics and requirements of the providers of certification services.
They may be providers of certification services, legal persons, both public and private,
of national or foreign origin, which upon request are authorized by the Registry of Providers of
Certification Services of the Ministry of Economy and that comply with the established requirements
by this, based on the following conditions:
a) Have sufficient economic and financial capacity to provide the services authorized as
certification service providers.
b) Have the capacity and technical elements necessary to generate electronic signatures
advanced, the issuance of certificates on the authenticity of the same and the conservation of messages
of data in the terms established in this law.
c) The legal representatives and administrators may not be persons who have been sentenced to
custodial sentence, or who have been suspended in the exercise of their profession for serious misconduct
against ethics or have been excluded from it. This inability will be valid for the same period
that the penal or administrative law indicates for the effect.
d) Have the necessary accreditations by the corresponding bodies or entities according to the
regulations in force.
The Ministry of Economy may issue the requirements and regulations it deems pertinent,
always on the basis of its adaptation to recognized international standards and principles.

ARTICLE 41. Activities of certification service providers.
Certification service providers authorized by the Ministry of the Economy to provide their
services in the country, they may carry out, among others, the following activities:
a) Issue certificates in relation to advanced electronic signatures of natural or legal persons,
whether they are digital or of any other nature.

b) Issue certificates on the verification regarding the alteration between the sending and receiving of the
electronic communications.
c) Offer or facilitate the services of creation of certified advanced electronic signatures, whether they are
digital or of any other nature.

Page 17

d) Issue certificates in relation to the person who has a right or obligation with respect to the
documents set forth in literals f) and g) of article 31 of this law.
e) Offer or facilitate the services of registration and chronological stamping in the generation, transmission and
receipt of electronic communications.
f) Offer archiving and conservation services for electronic communications.

g) Certify in the certificates issued, the professional conditions of the holder of the signature to
effects of constituting evidence against any public or private entity.

ARTICLE 42. Obligations of the providers of certification services.
The certification societies will have, among others, the following duties:
a) Issue certificates as requested or agreed with the signer.
b) Implement security systems to guarantee the issuance and creation of electronic signatures
advanced, the conservation and archiving of certificates and documents in support of data messages.
c) Guarantee the protection, confidentiality and due use of the information supplied by the signer.
d) Guarantee the permanent provision of the certification body service.

e) Respond in a timely manner to requests and claims made by the signatories.
f) Provide the information required by the competent administrative or judicial entities in
relation to the electronic signatures and certificates issued and in general to any communication
electronics that are in their custody and administration.
g) Allow and facilitate the performance of audits by the Registry of Service Providers of
Certification.
h) Prepare the regulations that define the relations with the signer and the form of provision of the
service.

i) Keep a record of the certificates.

ARTICLE 43. Remuneration for the provision of services.
The remuneration for the services of the certification service providers will be established
freely for these.

ARTICLE 44. Unilateral termination.
Unless agreed between the parties, the certification service provider may terminate the
binding agreement with the signer giving a notice of no less than ninety (90) days.

Page 18

Once this term has expired, the certification service provider will revoke the certificates that are found
pending expiration.
Likewise, the signer may terminate the relationship agreement with the certification society.
giving a notice of no less than thirty (30) days.

ARTICLE 45. Termination of activities by service providers of
certification.
Authorized certification societies may cease to carry out their activities, as long as
have received authorization from the Registry of Certification Service Providers.

ARTICLE 46. Content of the certificates.
A certificate issued by an authorized certification service provider, in addition to being signed
electronically for it, it must contain at least the following:
a) Name, address and domicile of the signer.
b) Identification of the signer named in the certificate.

c) The name, address and place where the certification service provider carries out activities.
d) The user's public key in cases of asymmetric cryptography technology.
e) The methodology to verify the electronic signature of the signer imposed on the electronic communication.

f) The serial number of the certificate.
g) Date of issue and expiration of the certificate.

ARTICLE 47. Revocation of certificates.
Certificates may be revoked by:
a) The signer of a certified advanced electronic signature may request the service provider of
certification that issued a certificate, its revocation. In any case, you will be obliged to request
revocation in the following events:
i. Due to loss of the private key, in the case of asymmetric cryptography technology;

ii. The private key has been exposed or is in danger of being misused, in the case of the
asymmetric cryptography technology.
b) If the signer does not request the revocation of the certificate in the event of presenting the above
situations, will be responsible for the losses or damages incurred by third parties in good faith
exempt from fault that they trusted the content of the certificate.

Page 19

c) A certification service provider will revoke a certificate issued for the following reasons:
1. At the request of the signer or a third party on his behalf and on his behalf;
2. Due to the death of the signer;

3. By liquidation of the signer in the case of legal persons;
4. For the confirmation that any information or fact contained in the certificate is false;

5. The private key of the certification service provider or its security system has been
compromised in a material way that affects the accounting of the certificate;
6. Due to the cessation of activities of the certification service provider; Y,
7. By judicial order or a competent administrative entity.

ARTICLE 48. Term of conservation of the records.
The information and records of certificates issued by a certification service provider
must be kept for the term required by the law that regulates the particular legal act or business,
or for ten years if there is no such term.

CHAPTER II
REGISTRATION OF CERTIFICATION SERVICE PROVIDERS
ARTICLE 49. Functions of the Registry of Certification Services Providers.
The Registry of Certification Service Providers, attached to the Ministry of Economy, will exercise the
Powers that have been legally assigned to it with respect to the entities that provide services of
certification, and additionally will have the following functions:
a) Authorize the activity of certification service providers.

b) Ensure the operation and efficient provision of the service by the providers of
certification services.
c) Carry out audit visits to the certification service providers.

d) Revoke or suspend the authorization to operate as a provider of certification services.
e) Request the pertinent information for the exercise of their functions.
f) Impose sanctions on the providers of certification services in the event of non-compliance with the
Obligations derived from the provision of the service.
g) Order the revocation of certificates when the certification service provider issues them without the
compliance with legal formalities.

Page 20

h) Ensure the observance of the constitutional and legal provisions on the promotion of the
competition and restrictive business practices, unfair competition and consumer protection, in the
markets served by certification service providers, coordinating, according to the
case, with the specific authorities.
i) Give instructions on the adequate compliance with the rules to which the
certification service providers.
j) Issue the regulations it deems based on the rules, regulations, criteria or principles
recognized internationals.

ARTICLE 50. Sanctions.
The Registry of Certification Services Providers of the Ministry of Economy, in accordance with the
due process and the right of defense, may impose, through the ministerial office of
economy, depending on the nature and severity of the offense, the penalties for certification societies
following:
a) Warning.

b) Institutional fines up to the equivalent of two thousand five hundred (2,500) minimum wages not
monthly legal agricultural laws in force, and personal to the administrators and legal representatives of the
certification service providers, up to five hundred (500) minimum wages not
monthly legal agricultural laws in force, when it is proven that they have authorized, executed or tolerated
conduct that violates the law.

c) Immediately suspend all or some of the activities of the offending entity.
d) Prohibit the offending entity from directly or indirectly providing certification services up to the
term of five (5) years.

e) Definitively revoke the authorization to operate as an entity that provides services of
certification.

CHAPTER III
MISCELLANEOUS PROVISIONS
ARTICLE 51. Prevalence of consumer protection laws.
This Law will be applied without prejudice to the current regulations on consumer protection.
The entities or companies involved in electronic commerce must respect the interests of the
consumers and act in accordance with equitable practices in the exercise of their activities
business, advertising and marketing. Likewise, entities or companies should not carry out
any statement, incur in any omission, or engage in any practice that is false,
misleading, fraudulent or unfair.
Whenever entities or companies publish information about themselves or about the goods or
The services they offer must be presented in a clear, visible, precise and easily accessible manner. A) Yes
themselves, they must comply with any statements they make regarding their policies and practices.
related to your transactions with consumers.

Page 21

Businesses should not take advantage of the special features of electronic commerce to
conceal your true identity or location, or to evade compliance with protection regulations by
consumer or the mechanisms of application of said rules.

Companies must develop and implement effective and easy-to-use procedures that allow
Consumers express their decision to receive or reject unsolicited commercial messages by
medium of email. When consumers say they don't want to receive messages
email commercials, such a decision must be respected.

ARTICLE 52. Online Information.
Without prejudice to complying with current legislation for merchants and commercial companies, the
Companies that carry out electronic commerce must provide the following information:
a) Information about the company: Companies that carry out transactions with consumers by
means of electronic commerce must provide in a precise, clear and easily accessible way,
sufficient information about themselves, which allows at least:
1. The identification of the company - including the legal name and the name or brand of
commercialization; the main geographical domicile of the company; email or other means
electronic contact, or telephone number; and, where applicable, an address for purposes
registration, and any relevant government license or registration number;
2. A quick, easy and effective communication with the company;
3. Appropriate and effective dispute resolution mechanisms;

4. Services of attention to legal proceedings; Y,
5. Location of the legal domicile of the company and its directors, for the use of the authorities in charge
regulation and law enforcement.

When a company discloses its membership or affiliation in a relevant scheme of
self-regulation, business association, dispute resolution organization, or other regulatory body
certification, it should provide consumers with an easy method to verify such information,
as well as appropriate details to contact said organizations, and where appropriate, have access to the
Relevant codes and practices applied by the certification body.
b) Information on goods or services: Companies that carry out transactions with consumers
through electronic commerce must provide. accurate and easily accessible information that
describe the goods or services offered, in a way that enables consumers to make a decision
informed before participating in the transaction and in terms that allow them to maintain an adequate
record of such information.

ARTICLE 53. Term.
The Ministry of Economy will create and organize the Registry of Certification Services Providers in
a period of no more than sixty (60) days after the entry into force of this law.

Page 22

ARTICLE 54. Transitory.
The Registry of Certification Service Providers of the Ministry of Economy will have a
additional term of six (6) months, counted from the publication of this law, to organize
the function of inspection, control and surveillance of the activities carried out by the provider entities
certification services, as well as to issue technical standards applicable to electronic signatures
advanced and certificates of any kind.

ARTICLE 55. Regulation.
The Executive Branch, through the Ministry of the Economy, shall issue the regulations of this
Law, within a period of no more than six (6) months from its publication. Likewise, it may issue
the regulations or provisions that it considers for the proper performance of the Registry of
Certification Service Providers.

ARTICLE 56. Validity and Repeal.
This law enters into force eight (8) days after its publication and repeals the provisions that
are contrary to him.

REFER TO THE EXECUTIVE BODY FOR PENALTY, ENACTMENT AND PUBLICATION.
ISSUED IN THE PALACE OF THE LEGISLATIVE ORGANISM, IN THE CITY OF GUATEMALA,
NINETEENTH OF AUGUST TWO THOUSAND EIGHT.

ARÍSTIDES BALDOMERO CRESPO VILLEGAS
PRESIDENT

JOSÉ ROBERTO ALEJOS CÁMBARA
SECRETARY

ROSA ELVIZA ZAPETA OSORIO
SECRETARY
NATIONAL PALACE: Guatemala, September 16, two thousand and eight.
GET PUBLISHED AND COMPLIED

COLOM KNIGHTS

Page 23

ROMULO KNIGHTS OTERO
ECONOMY MINISTER

LIC. CARLOS LARIOS OCHAITA
GENERAL SECRETARY
FROM THE PRESIDENCY OF THE REPUBLIC

