eSignature Legality Guide
eSignature Legality in Guatemala
Guatemala has recognized electronic signatures as legally valid since 2008, following the enactment of the Electronic Communications and Signatures Law.
E-Signature Legality Summary
According to Guatemalan law, a handwritten signature is not always required for a contract to be valid. Contracts are generally enforceable if the parties are legally capable and reach an agreement, whether that agreement is made verbally, electronically, or in writing (see Article 1574 of the Guatemalan Civil Code and Article 5 of the Recognition of Electronic Communications and Signatures Law (ECS Law)). The ECS Law explicitly states that contracts cannot be denied legal effect solely because they are executed electronically. In some cases, parties may need to provide evidence in court to prove the validity of a contract. Leading digital transaction management platforms can generate electronic records that are admissible as evidence under Article 11 of the ECS Law, supporting the existence, authenticity, and acceptance of a contract.
Use Cases for Standard Electronic Signatures (SES)
Common scenarios where SES is suitable include:
- commercial contracts between companies, such as NDAs, procurement documents, sales contracts, and service agreements
- consumer contracts, including documents for opening new retail accounts
- lease agreements that do not require registration
- credit contracts
- purchase agreements not involving real estate
- deposit contracts
- construction contracts
- supply contracts
- transportation contracts
- licensing contracts
- rooming accommodation contracts
Use Cases That Are Not Typically Appropriate for Electronic Signatures or Digital Transaction Management
Certain transactions are specifically excluded from digital or electronic processes, or require formalities such as handwritten (wet ink) signatures or notarial acts, which are generally not compatible with electronic signatures or digital transaction management.
- Notarization - legal name changes (Art. 16 Civil Code)
- Notarization - articles of incorporation for civil associations like NGOs or foundations (Art. 20 Civil Code)
- Notarization - pre-nuptial agreements (“Capitulaciones Matrimoniales”) (Art. 119 Civil Code)
- Notarization - marital unions (Art. 174 Civil Code)
- Notarization - marriage (Art. 93 Civil Code)
- Notarization - contracts involving real property (Art. 1130 Civil Code)
- Notarization - promises to purchase real property (Art. 1680 Civil Code)
- Notarization - surety contracts (Art. 49 Notarial Code; Art. 50 Notarial Code; Art. 2101 Civil Code)
- Notarization - certain contracts governed by succession law, such as donations mortis causa or wills (Art. 955 Civil Code)
- Notarization - company articles of incorporation (Article 16 Commercial Code and Articles 46-49 Notarial Code)
- Notarization - trust agreements (Art. 771 Commercial Code)
- Notarization - powers of attorney (Art. 1687 Civil Code), with some exceptions
- Notarization - annuity contracts (Art. 2122 Civil Code)
- Notarization - release contracts (Art. 2169 Civil Code)
- Notarization - employment contracts (Art. 28 Labor Code)
[1] An “advanced electronic signature” is a type of electronic signature that: (a) is uniquely linked to the signer; (b) enables identification of the signer; (c) is created using means under the exclusive control of the signer; and (d) is connected to the signed data in a way that any subsequent changes to the data can be detected.
DISCLAIMER: The content provided on this website is for general informational purposes only and does not constitute legal advice. Laws and regulations may change rapidly, and DocuSign cannot ensure that all information presented here is up to date or accurate. If you have specific legal questions regarding any information on this site, please consult a qualified attorney in your jurisdiction.
Last updated: November 1, 2019