eSignature legality summary
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.
Types of permitted electronic signature
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).
Documents that may be signed electronically
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.
Use with caution / not typically appropriate
Many acts require notarization and cannot be electronically signed; confirm whether a notarial form applies.
- Real-property contracts and promises to purchase real property (notarial)
- Marriage, marital union, and pre-nuptial agreements; succession acts (wills, donation mortis causa)
- Company and civil-association articles of incorporation, trust agreements, and most powers of attorney
- Surety, annuity, and release contracts, and employment contracts (notarial)
Seminal court cases
None reported.
Primary sources
- Recognition of Electronic Communications and Signatures Law (2008)
- Guatemalan Civil Code
Disclaimer: This guide is general information, not legal advice, and is not a guarantee that any signature will be enforceable for a particular document, transaction, or jurisdiction. E-signature and data-protection laws change frequently. Confirm the requirements for your specific document and parties, and consult a licensed lawyer in the relevant country before relying on electronic signing.
Last reviewed: June 15, 2026