Electronic marketing in Guatemala
According to the Law of Acknowledgment of Electronic Communications and Signatures, Decree 47-2008 of the Congress of the Republic, electronic marketing is not considered E-Commerce, yet it is considered a communication and an electronic communication as it contains an exposition, statement, claim, advice, request, or offer and the acceptance of an offer, in relation to the construing or execution of a contract.
If any such communication is not addressed to a particular person but it is a general communication, according to Art. 25 of the aforementioned law, it shall be deemed an offer.
Protection to the consumer in E-Commerce and E-Marketing or E-Advertisement is addressed in Art. 51 of the aforementioned law, compelling the originators of such communications to act in an equitable manner and to fully comply with the offered matters and not to engage into false, deceitful, fraudulent or disloyal business practices.
