Database

Browse Database

COTE D'IVOIRE

Since July 2019

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Ordinance No. 2019-679 of 24 July 2019 on the Public Procurement Code (Ordonnance No. 2019-679 du 24 juillet 2019 portant Code des marchés publics)
Art. 19.4 of Ordinance No. 2019-679 provides that each contracting authority must set aside annually for small and medium-sized enterprises a minimum share of 30% of the estimated value of contracts for works, goods or services.
Coverage Horizontal

COTE D'IVOIRE

Reported in 2022, last reported in 2023

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Lack of transparency in public procurement
The public procurement process is reported to be legally open, but in some cases, it is perceived as opaque in practice, and public contracts are occasionally awarded outside of public tenders. Some foreign companies reportedly win contracts through long-standing relationships with government officials or with the help of partnerships with Ivorian business entities closely linked to the government. During tender negotiations, the Ivorian government imposes local content requirements on foreign companies. In addition, although there are regulations governing sole-source procurement, there have been instances where the government has awarded sole-source tenders without competitive bidding, citing a company's high technical capacity or declaring an emergency. Many companies continue to identify corruption as an obstacle to a transparent understanding of procurement decisions.
Coverage Horizontal

COTE D'IVOIRE

N/A

Pillar Public procurement of ICT goods and online services  |  Indicator Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Côte d'Ivoire is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA). However, the country has been an observer of the WTO GPA since 2020.
Coverage Horizontal

COTE D'IVOIRE

Since July 2013

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Maximum foreign equity share
Law No. 2013-546 of July 30, 2013 on E-commerce (Loi No. 2013-546 du 30 juillet 2013 relative aux transactions électroniques )
Law No. 2013-546 does not lay down any obligations regarding the maximum share of foreign capital for investment.
Coverage Horizontal

COSTA RICA

Since 2005

Pillar Online sales and transactions  |  Indicator 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

Reported in 2021, last reported in 2023

Pillar Technical standards applied to ICT goods and online services  |  Indicator 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 has also required that each model has its own certificate, while previously, family approvals were allowed. Any difference between models, such as colour, hardware, or software, requires separate Type Approval certificates.
Coverage Mobile handset hardware

COSTA RICA

Since October 1995, as amended in June 2022

Pillar Online sales and transactions  |  Indicator Threshold for ‘De Minimis’ rule
Law No. 7557 on General Customs (Ley No.7,557, Ley General de Aduanas)
According to Art. 111 bis of Law No. 7557 on General Customs, introduced in June 2022 by Art. 1.8 of Law No. 10271, the importation of goods whose total value does not exceed the threshold of 100 Central American pesos (approx. USD 100) are exempt from import duties. This threshold is lower than the USD 200 threshold recommended by the International Chamber of Commerce (ICC).
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  |  Indicator Framework for consumer protection applicable to online commerce
Law No. 7,472 for the Promotion of Competition and Effective Consumer defence (Ley No. 7.472 de Promoción de la Competencia y Defensa Efectiva del Consumidor)

Regulation No. 37,899-MEIC (Reglamento a la Ley de Promoción de la Competencia y Defensa Efectiva del Consumidor No. 7472)
Law No. 7,472 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 replaces 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  |  Indicator 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  |  Indicator 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 July 2011, entry into force in September 2011

Pillar Cross-border data policies  |  Indicator 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  |  Indicator 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  |  Indicator 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  |  Indicator 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 December 2011

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Lack of intermediary liability framework in place beyond copyright infringement
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.
Coverage Internet intermediaries

Report issue     Report new measure