The electronic signature in Guatemala

The Guatemalan regulations on electronic signatures are identical to those in Spain prior to the entry into force of the European eIDAS regulations. In this country, the legal framework is determined by Ley 47-2008: Ley para el Reconocimiento de las Comunicaciones y la Firma Electrónica, without any further modifications.

According to this law, there’s a differentiation between electronic signatures and advanced electronic signatures:

E-signature: Data in electronic form attached to an electronic communication that may be used to both identify and link the signatory with the electronic communication, as well as indicating the signatory’s approval of the information contained in the e-communication.

Advanced Electronic Signature: The electronic signature that meets the following requirements:

  1. To be uniquely linked to the signatory
  2. Allow identification of the signatory
  3. Created by means under exclusive control of the signatory
  4. To be linked to the data to which it is linked, so that any further change in the data is detectable.

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