Database

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CUBA

N/A

Pillar Tariffs and trade defence measures applied on ICT goods  |  Sub-pillar Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in the Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
Cuba is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods
"SELECT DISTINCT(post_id) FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'CU')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
[{"post_id":"43369"},{"post_id":"43370"},{"post_id":"43371"}]
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'impact' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'CU')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2')\n\t\t\t\t\t\t\t\t)"
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'CU')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
ITA: [{"meta_value":"1.00"}]

CUBA

ITA signatory? I II

Pillar Tariffs and trade defence measures applied on ICT goods  |  Sub-pillar Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
11.96%
Coverage rate of zero-tariffs on ICT goods (%)
6.58%
Coverage: Digital goods

COSTA RICA

N/A

Pillar Online sales and transactions  |  Sub-pillar Adoption of UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Costa Rica has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal

COSTA RICA

Since 2005

Pillar Online sales and transactions  |  Sub-pillar Adoption of UNCITRAL Model Law on Electronic Signatures
UNCITRAL Model Law on Electronic Signatures
Costa Rica has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal

COSTA RICA

Since January 1995, last amended in November 2020
Since September 2013, last amended in April 2021

Pillar Online sales and transactions  |  Sub-pillar Framework for consumer protection applicable to online commerce
Law No. 7,472 for the Promotion of Competition and Effective Consumer Defense (Ley No. 7.472 de Promoción de la Competencia y Defensa Efectiva del Consumidor)

Regulation No. 37899-MEIC (Reglamento a la Ley de Promoción de la Competencia y Defensa Efectiva del Consumidor No. 7472)
Law No. 7472 for the Promotion of Competition and Effective Consumer Defence, passed in 1994, provides a comprehensive framework for consumer protection that also applies to online transactions. This law structures the legal and institutional framework for protecting consumer rights and replaced ex-ante control and pricing with an ex-post monitoring system. In addition, Chapter X of Regulation No. 37899-MEIC regulates consumer protection specifically in the context of electronic commerce.
Coverage Horizontal

COSTA RICA

N/A

Pillar Online sales and transactions  |  Sub-pillar Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Costa Rica has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

COSTA RICA

N/A

Pillar Online sales and transactions  |  Sub-pillar Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
Costa Rica does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties.
Coverage Horizontal

COSTA RICA

Reported in 2021

Pillar Technical standards applied to ICT goods and online services  |  Sub-pillar Self-certification for product safety
In-country certification
It is reported that Costa Rica’s telecommunications regulator, the Superintendencia de Telecomunicaciones (SUTEL), mandates retesting and recertification of mobile handset hardware subsequent to every software or firmware update. While SUTEL has reduced costs and streamlined procedures for testing and certification, this procedure is reported as burdensome and is not required by any other regulator worldwide. Since 2015, SUTEL also requires that each model has its own certificate, while previously family approvals were allowed. Any difference between models, such as color, hardware, or software, requires separate Type Approval certificates.
Coverage Mobile handset hardware

COSTA RICA

Since November 2018

Pillar Technical standards applied to ICT goods and online services  |  Sub-pillar Self-certification for product safety
RCS-358-2018
For the conformity assessment, the equipment has to be submitted to certification bodies recognized by the regulator for certification. The SUTEL (Superintendencia de Telecomunicaciones) recognizes the FCC or CE certificates. It is reported that an accreditation system has not been implemented in Costa Rica due to the lack of adequate laboratory equipment and funding. The Institute of Technological Norms of Costa Rica (Instituto de Normas Técnicas, INTECO) is the only entity accredited in Costa Rica that can certify that companies are following standards-related requirements. According to Section 6 of RCS-358-2018, an expert accredited by SUTEL performs the tests of mobile telecommunications terminals in accordance with the homologation test protocol. The following products need to be tested: cell phone Trackers, RFID WiFi (802.11a/b/g/n/ac), and Bluetooth modules.
Coverage Mobile telecommunication equipment

COSTA RICA

Since November 2014
Since March 2010

Pillar Intermediary liability  |  Sub-pillar User identity requirement
Regulation on the Regime for the Protection of the End User of Telecommunications Services (Reglamento sobre el Régimen de Protección al Usuario Final de los Servicios de Telecomunicaciones)
Art. 53 of the Regulation on the Regime for the Protection of the End User of Telecommunications Services obliges telecommunications operators and service providers to verify the authenticity of the data provided by the client when subscribing services. If they find that the information submitted for the subscription of services is altered or falsified, they must refuse to sign the contract for the services requested.
Coverage Telecommunications sector

COSTA RICA

Since December 2011

Pillar Intermediary liability  |  Sub-pillar Safe harbour for intermediaries for any activity other than copyright infringement
Lack of intermediary liability framework in place beyond copyright infringement
The safe harbor regime found in the Executive Decree No. 36,880 only applies to intermediary liability related to copyright infringement, therefore the country lacks a safe harbor regime that goes beyond copyright infringement.
Coverage Internet intermediaries

COSTA RICA

Since November 2014

Pillar Intermediary liability  |  Sub-pillar User identity requirement
General Regulations for Data Update of Prepayment Mobile Users (Disposiciones regulatorias de alcance general para la actualización de datos de los usuarios de telefonía móvil prepago)
According to the General Regulations for Data Update of Prepayment Mobile Users, users of prepayment mobiles subscriptions must validate their identity. Mobile Network Operators (MNOs) are required to collect and record a user’s personal information and proof-of-identity documentation. It has been reported that it is mandatory for MNOs to share their customers’ full or partial registration profiles with the government upon request.
Coverage Telecommunications sector

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 to the service provider, which has 15 days to take down the content. Takedowns can also occur through a judicial order. The system has been criticized for ambiguity, as the limited intermediary liability applies to service providers who voluntarily abide by the rule.
Coverage Internet intermediaries

COSTA RICA

Since January 2000, last amended in November 2008
Since September 2011

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

Law governing Personal Data No. 8,968 (Ley No. 8.968 de Protección de la Persona frente al Tratamiento de sus Datos Personales)
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 authorization;
- 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 contains the authorization of PRODHAB ("Agencia de Protección de Datos de los Habitantes"), the Data Protection Agency of the inhabitants.
Coverage Horizontal

COSTA RICA

Since September 2011
Since March 2013, last amended in February 2019

Pillar Cross-border data policies  |  Sub-pillar Conditional flow regime
Law governing Personal Data No. 8,968 (Ley No. 8.968 de Protección de la Persona frente al Tratamiento de sus Datos Personales)

Executive Decree No. 37554-JP (Reglamento a la Ley de Protección de la Persona frente al Tratamiento de sus Datos Personales No. 37554-JP)
Art. 14 of the Law Governing Personal Data and Art. 40 of the Executive Decree require data controllers to be registered in the Inhabitants Data Protection Agency (PRODHAB), to obtain consent from the data subject in order to transfer personal data to another country. Moreover, the transfer must ensure that, where personal data is transferred to any other country, adequate levels of protection of the data subject's rights in connection with processing their personal data are provided. However, when personal data is transferred to a data processor for processing purposes only (i.e. the processor does not become a data controller), or is moved between companies of the same economic interest group, or to companies under joint control, the transfer of data to the data processor does not constitute a transfer under the Law and it is not necessary to obtain the data subject's consent (Art. 8 of the Decree).
Coverage Horizontal

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