Digital assets when franchising a business in Guatemala

Before offering your first franchise in Guatemala, review who controls your business’s digital presence. A domain registered by an agency or a business account linked to the founder’s personal phone can make it harder to bring new outlets on board. To grow your franchise network, you need to distinguish between the resources you will retain, those each franchisee may manage and the conditions that apply.

1. Create an inventory of accounts and rights

Simply recording passwords is not enough. Prepare an inventory identifying each digital resource, its purpose, its registered holder and the people authorised to manage it. Depending on your business, include:

• Domain name, hosting and website administration.
• Social media profiles and advertising accounts.
• Outlet listings on maps and in directories.
• Email addresses and phone numbers used for customer enquiries.
• Ordering, booking or e-commerce platforms.
• Photographs, videos, designs and original files.

For each item, distinguish between three questions: who is listed as the holder, who has access and who has the right to use it. These are not always the same. An agency managing an account does not necessarily mean it should retain exclusive control; possessing a photograph does not prove that you can authorise franchisees to use it.

Gather evidence of service agreements, terms of service and permissions for use. If an account depends entirely on a former team member, resolve that situation before including it in the franchise package. Also check what the platforms permit: some accounts or licences cannot be freely transferred.

2. Define a digital management model

Decide which resources will be managed centrally and which will be assigned to individual outlets. A single website with location-specific pages may need a different management approach from independent local profiles. There is no universal solution: choose a structure you can oversee and maintain.

Document the division of responsibilities using a simple matrix:

Resource	Decision to settle
Main domain	Who registers, renews and manages it
Local profile	Who creates it and what permissions the franchisee receives
Advertising account	Who contracts for services, pays and retains the materials
Booking platform	Who configures opening hours, availability and users
Outlet email account	Who grants and revokes access

Avoid sharing a single password across the entire network. Where the tool allows it, use individual user accounts, role-based permissions and two-factor authentication. Keep recovery mechanisms under the control of the responsible organisation, rather than a single individual.

Management access does not mean unrestricted control. A franchisee may need to update opening hours or respond to enquiries without having authority to change the trading name, delete the profile or add external administrators. Set these boundaries from the outset.

3. Incorporate your decisions into the contract under Guatemalan law

Guatemala has no specific franchise law or dedicated mandatory pre-contractual disclosure regime for franchises. A franchise agreement is treated as an atypical commercial contract, governed by the Commercial Code, Decree 2-70, with supplementary application of the Civil Code, Decree Law 106.

The Industrial Property Law, Decree 57-2000, is relevant to the trade mark and its licensing. However, authorising use of the trade mark does not, on its own, settle control of domains, profiles or accounts. Creative materials may also involve copyright and third-party licences, which need to be reviewed separately.

Arrange a legal review of a digital assets schedule setting out:

• Which accounts and materials the franchisee may use.
• Who must contract for services and pay renewal fees.
• Which changes require approval.
• Whether the franchisee may engage agencies and what permissions they may receive.
• What happens to access rights, content and profiles when the relationship ends.

Do not promise transfers that a platform’s terms prohibit. Nor should you confuse ownership of an account with unlimited permission to use its customers’ data: that processing requires a separate legal assessment.

The QFA code of conduct is an association standard, not national law. Its principles of good faith and contractual clarity support documenting these responsibilities before starting.

4. Check that permissions work

Before bringing your first franchisee on board, test the structure in a company-owned outlet. Create a user account with the intended permissions and check whether that user can perform their tasks without accessing unrelated information or settings.

Also check that you can revoke that access without losing the account, recover login credentials and locate files approved for use. Record the results and address any reliance on personal phones or external providers.

Then provide a brief reference sheet for each tool: the person responsible, permissions, permitted tasks and the channel for requesting changes. This gives the contract a clear operational application.

Practical conclusion: before franchising, take stock of your digital resources, confirm usage rights and test access permissions. Every account should have an identifiable person or organisation responsible for it, with rules that work both in the contract and on the platform.