Artificial Intelligence law at Guatemala
As of May 2025, Guatemala does not have specific legislation or a dedicated regulatory agency governing artificial intelligence (AI). The country currently relies on existing legal frameworks related to intellectual property, data protection, and cybercrime to address issues arising from AI technologies.(Mondaq)
Current Legal Framework
AI-Specific Legislation: There is no enacted legislation or formal regulatory guidance that specifically addresses the use of AI in Guatemala. (Lex Mundi)
Copyright and Intellectual Property: Guatemala's Copyright and Related Rights Law defines an author as a physical person. Consequently, works created solely by AI systems are not recognized as having legal authorship under current law. Additionally, the use of copyrighted materials for training AI models requires proper authorization or licensing to avoid infringement. (World Law Group)
Data Protection: Guatemala lacks a comprehensive data protection law. However, there is an ongoing legislative initiative aimed at establishing such a framework. The Transparency and Probity Commission has given a favorable opinion on the proposed "Data Protection Law," which is pending further discussion in Congress. (DataGuidance, iapp.org)
Cybercrime Legislation: In 2022, Guatemala enacted the Law on Prevention and Protection Against Cybercrime (Decree 39-2022), which addresses various cyber offenses. While not specific to AI, this law provides a legal basis for addressing cyber-related issues that may intersect with AI technologies. (DataGuidance)
AI Applications and Initiatives
Despite the absence of specific AI legislation, Guatemala is exploring the use of AI in various sectors:
Youth Political Engagement: The "Guatemala Joven Conversa" initiative utilized AI-powered digital dialogues to facilitate political discussions among youth across the country. This project aimed to enhance youth participation in political processes and demonstrated the potential of AI in civic engagement. (Medium)
Digital Transformation Efforts: The United Nations Development Programme (UNDP) has conducted a Digital Readiness Assessment in Guatemala to support the country's digital transformation. This assessment includes considerations for integrating AI technologies in a manner that respects human rights and promotes inclusive development. (UNDP)
Regional Context
In contrast to Guatemala, several Latin American countries are actively developing AI regulatory frameworks:(Trust.org)
Brazil: Proposed legislation in Brazil aims to regulate AI through a risk-based approach, categorizing AI applications by their potential impact and establishing corresponding regulatory requirements. (Home | White & Case LLP)
Chile and Argentina: Both countries are working on AI regulations that align with international standards, focusing on ethical principles and human rights considerations. (Trust.org)
These regional developments may influence future AI policy discussions in Guatemala.
Outlook
While Guatemala currently lacks specific AI legislation, ongoing initiatives in data protection and digital transformation indicate a growing awareness of the need to address AI-related issues. As AI technologies continue to evolve and integrate into various aspects of society, Guatemala may consider developing comprehensive legal frameworks to govern their use responsibly.
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