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COSTA RICA

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Presence of an independent telecom authority
Presence of an independent telecom authority
It is reported that Costa Rica's Telecommunications Superintendency (SUTEL), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.
Coverage Telecommunications sector

COSTA RICA

Since July 2011, entry into force in September 2011

Pillar Cross-border data policies  |  Sub-pillar Conditional flow regime
Law No. 8968 on the Protection of Persons Regarding the Processing of their Personal Data (Ley de Protección de la Persona frente al Tratamiento de sus Datos Personales No. 8968)
According to Art. 31(f) of Law No. 8968, transferring personal information of Costa Ricans or resident foreigners in the country to databases located in third countries without the consent of its owners is considered a serious offence.
Coverage Horizontal

COSTA RICA

N/A

Pillar Cross-border data policies  |  Sub-pillar Participation in trade agreements committing to open cross-border data flows
Lack of binding commitments on cross-border data transfers
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.
Coverage Horizontal

COSTA RICA

Since January 2000, last amended in November 2008
Since July 2011, entry into force in September 2011

Pillar Domestic data policies  |  Sub-pillar Framework for data protection
Law No. 7,975 on Undisclosed Information (Ley No. 7.975 de Información No Divulgada)

Law No. 8968 on the Protection of Persons Regarding the Processing of their Personal Data (Ley de Protección de la Persona frente al Tratamiento de sus Datos Personales No. 8968)
Data privacy regulation in Costa Rica is contained in two laws:
- Law No. 7975, the Undisclosed Information Law, which makes it a crime to disclose confidential and/or personal information without authorisation;
- Law No. 8968, Protection in the Handling of the Personal Data of Individuals, together with its by-laws, which were enacted to regulate the activities of companies that administer databases containing personal information. The latter includes the authorisation of PRODHAB ("Agencia de Protección de Datos de los Habitantes"), the inhabitants' Data Protection Agency.
Coverage Horizontal

COSTA RICA

Since December 2011, last amended in January 2019

Pillar Intermediary liability  |  Sub-pillar Safe harbour for intermediaries for copyright infringement
Executive Decree No. 36,880 (Decreto Ejecutivo No. 36.880)
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.
Coverage Internet intermediaries

COSTA RICA

Since April 1983, last amended in November 2008

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Practical or legal restrictions related to the application process for patents
Law No. 6,867 on Patents, Industrial Designs and Utility Models (Ley No. 6.867 de Patentes de Invención, Dibujos y Modelos Industriales y Modelos de Utilidad)
According to Art. 34 of Law No. 6,867 on Patents, Industrial Designs and Utility Models, it is mandatory to appoint a local representative to file a patent application if the applicant has a domicile or headquarters outside of Costa Rica.
Coverage Horizontal

COSTA RICA

Since August 1999

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Costa Rica is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal

COSTA RICA

Since November 1982, as amended in April 2021

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Copyright law with clear exceptions
Law No. 6,683 on Copyright and Neighbouring Rights (Ley No. 6.683 sobre Derechos de Autor y Derechos Conexos)
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.
Coverage Horizontal

COSTA RICA

Since March 2002

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Copyright Treaty
WIPO Copyright Treaty
Costa Rica has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal

COSTA RICA

Since May 2002

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Performances and Phonogram Treaty
WIPO Performances and Phonograms Treaty
Costa Rica has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal

COSTA RICA

Since January 2000, last amended in November 2008
Since January 2009

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Effective protection covering trade secrets
Law No. 7,975 on Undisclosed Information (Ley No. 7.975 de Información No Divulgada)

Regulation No. 34927-J-COMEX-S-MAG to the Information Law (Reglamento No. 34927-J-COMEX-S-MAG a la Ley de Información)
Law No. 7,975 and its Regulation (No. 34927-J-COMEX-S-MAG) provide a framework for effective protection of trade secrets.
Coverage Horizontal

COSTA RICA

Since October 2017

Pillar Telecom infrastructure & competition  |  Sub-pillar Passive infrastructure sharing obligation
Regulation on Infrastructure Sharing for the Support of Public Telecommunication Networks (Reglamento sobre el uso compartido de infraestructura para el soporte de redes públicas de telecomunicaciones)
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.
Coverage Telecommunications sector

COSTA RICA

Since May 2021, entry into force in December 2022, last amended in December 2023
Since November 2022, entry into force in December 2022
Since June 2006, entry into force in September 2006, last amended in July 2015

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
General Law on Public Procurement No. 9986 (Ley General de Contratación Pública No. 9986)

Regulations to the General Law on Public Procurement No. 43808-H (Reglamento a la Ley General de Contratación Pública No. 43808-H)

Special Regulation for the Promotion of SMEs in the Purchase of Goods and Services of the Administration No. 33305 (Reglamento Especial para la Promoción de las PYMES en las Compras de Bienes y Servicios de la Administración No. 33305)
In accordance with the General Law on Public Procurement, national suppliers are granted preferential treatment in government procurement. Art. 23 of this law affords special preferences to local SMEs. In order to promote regional development, the administration shall award a score of up to 10% to SMEs from certain regions of the country that the administration aims to develop and which mainly employ people from that region. Should the administration deviate from this, it must provide a rationale in the form of a reasoned act signed by the responsible official. Further details regarding the participation of SMEs can be found in Arts. 72-79 of the Regulations to the General Law on Public Procurement.
Additionally, Art. 14 of the Special Regulation for the Promotion of SMEs in the Purchase of Goods and Services of the Administration stipulates that in an administrative contracting process where the bidders of goods or services have equal or comparable conditions in terms of quality, supply and price, preference to SMEs of national production is established as a tie-breaking mechanism for the award of the bid.
Coverage Horizontal

COSTA RICA

Since December 1985, last amended in September 2004
Since April 2005, entry into force in July 2005, last amended in October 2021

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Law No. 7017-A on Incentives for Industrial Production (Ley No. 7017-A de Incentivos para la Producción Industrial)

Implementing Regulations to Article 12 of Annex 3 to Law No. 7017, No. 32448 (Reglamento al Artículo 12 del Anexo 3 de la Ley 7017, No. 32448)
Art. 12 of Law No. 7017-A stipulates that in any government procurement operation, preference must be given to domestic products when the quality is equivalent, supplies are adequate, and the price is equal to or lower than that of the imported product. Further details regarding this article can be found in Regulation No. 32448.
Coverage Horizontal

COSTA RICA

Reported in 2022, last reported 2024

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Limitations on foreign participation in public procurement
It has been reported that there is a lack of transparency in public procurement. Furthermore, foreign companies are required to translate tender documents from Spanish into English and assist in preparing bid offers in Spanish. Additionally, there is a significant advantage in having a strong local partner or representative.
Coverage Horizontal

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