Database

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COSTA RICA

Reported in 2017, last reported in 2024

Pillar Telecom infrastructure & competition  |  Indicator Presence of an independent telecom authority
Presence of an independent telecom authority
It is reported that Costa Rica's Telecommunications Superintendence (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

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)
Costa Rica is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA); however, it has held observer status since June 2015 and submitted an application for accession in September 2023.
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. Therefore, although there is no outright prohibition of transfer without the consent of the data subject, in practice there is a conditional regime.
Coverage Horizontal

COSTA RICA

Since May 1998, last amended in May 2021
Since August 2008, last amended in August 2024

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Maximum foreign equity share
Law No. 7.789 Transformation of Public Service Company of Heredia (Ley No. 7789 Transformación de la Empresa de Servicios Públicos de Heredia ESPH)

Law No. 8.660 on Strengthening and Modernization of Public Entities in the Telecommunications Sector, Law (Ley No. 8.660 de Fortalecimiento y Modernización de las Entidades Públicas del Sector Telecomunicaciones)
Under Art. 15 of Law No. 7.789, foreign participation in public or private telecommunications companies entering into joint ventures with the state-owned Heredia Public Services Company (ESPH) is limited to 49% of the capital stock. In addition, Art. 5 of Law No. 8.660 on the Strengthening and Modernization of Public Entities in the Telecommunications Sector requires the Costa Rican Electricity Institute (ICE), which operates in the telecommunications sector, to retain at least 51% of the share capital of any company it constitutes or acquires. The same provision further establishes that the sale of shares in any ICE company must be authorised by a special law.
Coverage Telecommunications sector

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 April 1949, last amended in June 2012

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Nationality/residency requirement for directors or managers
Law of Creation of the Costa Rican Electricity Institute (Ley de Creación del Instituto Costarricense de Electricidad (ICE)
In general, there are no restrictions based on nationality for directors and managers of telecommunications companies. However, in the case of the Costa Rican Institute for Electricity (ICE), a major public company providing electricity and telecommunications services, all directors must be Costa Rican nationals. This requirement is in Art. 10 of the Law of Creation of the Costa Rican Electricity Institute, which states that the superior administration of the ICE shall correspond to a Board of Directors and that all of them must be Costa Ricans characterised by their honorability.
Coverage Costa Rican Electricity Institute (ICE)

COSTA RICA

Since July 2011, entry into force in September 2011
Since October 2012, entry into force in March 2013

Pillar Domestic data policies  |  Indicator Framework for data protection
Law on the Protection of Persons Regarding the Processing of their Personal Data No. 8968 (Ley de Protección de la Persona Frente al Tratamiento de sus Datos Personales No. 8968)

Executive Decree No. 37554-JP of 30 October 2012 Regulating Law No. 8968 (Reglamento a la Ley de Protección de la Persona Frente al Tratamiento de sus Datos Personales No. 37554-JP)
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.
Coverage Horizontal

COSTA RICA

Since April 1983

Pillar Intellectual Property Rights (IPRs)  |  Indicator 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 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
"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 = 'CR')\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":"112145"},{"post_id":"112146"},{"post_id":"112147"}]
"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 = 'CR')\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 = 'CR')\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":"0.00"}]

COSTA RICA

ITA signatory? I II

Pillar Tariffs and trade defence measures applied on ICT goods  |  Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
0.39%
Coverage rate of zero-tariffs on ICT goods (%)
79.1%
Coverage: ICT goods

COSTA RICA

Since March 1997
Since December 2015

Pillar Tariffs and trade defence measures applied on ICT goods  |  Indicator Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Information Technology Agreement (ITA)

ITA Expansion Agreement (ITA II)
Costa Rica is a signatory of the World Trade Organization (WTO) Information Technology Agreement (ITA) of 1996 and its 2015 expansion (ITA II).
Coverage ICT goods

COSTA RICA

Since May 2021, entry into force in December 2022, last amended in March 2025
Since June 2006, entry into force in September 2006
Since November 2022

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

Special Regulation for the Promotion of SMEs in the Procurement of Goods and Services by the Administration No. 33305 (Reglamento Especial para la Promoción de las PYMES en las Compras de Bienes y Servicios de la Administración No. 33305)

Executive Decree 43808: Regulations Implementing the General Public Procurement Law (Decreto Ejecutivo 43808: Reglamento a la Ley General de Contratación Pública)
Art. 23 of the General Law on Public Procurement promotes the participation of small and medium-sized enterprises (SMEs) and cooperatives. To support regional development, contracting authorities may allocate up to 10% of the total evaluation score to SMEs and cooperatives located in the relevant development region and employing mainly workers from that region.
Art. 14 of the Special Regulation for the Promotion of SMEs in Public Procurement also gives preference to nationally produced goods or services supplied by SMEs where competing offers are equivalent in quality, capacity, and price.
In addition, Art. 84 of the Law allows framework agreements for goods and services to be reserved exclusively for SMEs. Arts. 73 and 75 of Executive Decree No. 43808-H of 22 November 2022 similarly permit the National Public Procurement Plan to reserve specific procurement categories, including consolidated procedures and framework agreements, for exclusive competition among SMEs where market conditions allow. Eligibility requires recognition under Costa Rica’s domestic SME registration system, which foreign suppliers generally cannot obtain.
Coverage Horizontal

COLOMBIA

Since July 2019, as amended in August 2020

Pillar Online sales and transactions  |  Indicator Threshold for ‘De Minimis’ rule
Decree No. 1,165 of 2019 by Which Provisions Are Issued Regarding the Customs Regime in Development of Law 1609 of 2013 (Decreto No. 1,165 de 2019 Por el Cual se Dictan Disposiciones Relativas al Régimen de Aduanas en Desarrollo de la Ley 1,609 de 2013)
Art. 261 of Decree No. 1165 of 2019 stipulates that the de minimis threshold, the minimum value of goods below which customs duties are not levied, is set at USD 200.
Coverage Horizontal

COLOMBIA

Since October 2011, last amended in December 2024

Pillar Online sales and transactions  |  Indicator Framework for consumer protection applicable to online commerce
Law No. 1,480 Consumer Statute (Ley No. 1480 Estatuto del Consumidor)
Law No. 1,480 provides a comprehensive framework for consumer protection that also applies to online transactions.
Coverage Horizontal

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