Art. 11.27 of the “Regulations on the End‑User Protection Regime (RPUF) of SUTEL” stipulates that operators and providers of telecommunications services are obliged to verify the authenticity of, and duly record, customers’ identification data and documents at the time of service subscription or commercialisation.

Costa Rica has joined trade agreements covering cooperation commitments on open transfers of cross-border data flows. However, none of these commitments includes binding rules on cross-border data transfers. These include:
- Art. 15.5.d of the Tratado de Libre Comercio entre los Estados Unidos Mexicanos y las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras y Nicaragua;
- Art. 16.7.c of the Tratado de Libre Comercio entre la República de Colombia y la República de Costa Rica.

Law No. 8968 and Executive Decree No. 37554-JP establish a comprehensive framework for data protection in Costa Rica. The Costa Rican Data Protection Authority (PRODHAB) is the body charged with overseeing and enforcing compliance with the Law.

Costa Rica has a safe harbour regime in place for intermediaries for copyright infringements. Executive Decree No. 36.880 implements Art. 15.11.27 of the Central America-Dominican Republic Free Trade Agreement (CAFTA-DR), establishing limitations on liability for service providers for copyright only. Pursuant to the Decree, users who believe their rights have been violated should communicate with the service provider, who has 15 days to take down the content. Takedowns can also occur through a judicial order. The system has been criticised for ambiguity, as the limited intermediary liability applies to service providers who voluntarily abide by the rule.

A basic legal framework on intermediary liability beyond copyright infringement is absent in Costa Rica's law and jurisprudence. The safe harbour regime found in Executive Decree No. 36.880 only applies to intermediary liability related to copyright infringement. Therefore, the country lacks a safe harbour regime that goes beyond copyright infringement.

Costa Rica has a copyright regime under Law No. 6.683. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Arts. 67-76 list the exceptions, which include the reproduction of news that have the character of mere press information, speeches made in deliberative assemblies or public meetings, and works for educational or scientific purposes, among others.

It is reported that there are delays and a significant lack of progress in implementing the online copyright regime, and that uncertainty remains regarding the extent to which the Costa Rican government monitors and ensures that individual ministries and agencies maintain and use only duly licensed software. It is further reported that almost 60% of all software in Costa Rica is unlicensed.

Costa Rica has adopted the World Intellectual Property Organization (WIPO) Copyright Treaty.

Costa Rica has adopted the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.

Law No. 7.975 and its Regulations (Executive Decree No. 34927-J-COMEX-S-MAG) provide a framework for effective protection of trade secrets.

There is an obligation for passive infrastructure sharing in the country to deliver telecom services to end users. Moreover, passive infrastructure sharing is practised in both the mobile and fixed sectors based on commercial agreements. The "Regulation on Infrastructure Sharing for the Support of Public Telecommunication Networks" regulates the sharing of infrastructure for public telecommunications networks in Costa Rica.

The Costa Rican Electricity Institute (ICE), which operates in the telecom sector, is a fully state-owned enterprise, and the acquisition of shares needs to be approved through special laws. Moreover, according to Art. 15 of Law No. 7.789, foreign participation in public or private telecommunication companies entering into joint ventures with the state-owned Heredia Public Services Company (ESPH) is limited to a maximum of 49% of the capital stock.

The government holds equity stakes in several telecommunications companies, notably the Costa Rican Electricity Institute (ICE), the Municipal Electricity Service Administrative Board of Cartago (JASEC), and the Heredia Public Services Company (ESPH). The ICE was established pursuant to Law No. 449.

It is reported that Costa Rica requires both functional separation for operators with significant market power (SMP) in the telecommunications sector and accounting separation across services; however, no specific legal provision establishing the obligation of functional separation has been identified. By contrast, the legal basis for accounting separation is explicit: Art. 75.b.ii of Law No. 7593 empowers the Telecommunications Superintendence (Sutel) to impose obligations on major operators and service providers, including the requirement to maintain distinct cost accounts for each service in accordance with the applicable regulatory framework.

Costa Rica has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.