Database

Costa Rica has no de minimis rule, which means that there is no minimum value of a good below which the good is exempted from duties and taxes collected by customs.

There are several reports showing that the cost of purchases online in often not clear. Customers can be asked to pay additional duties of more than 50% for transportation, customs duties and additional taxes.

Costa Rica’s telecommunications regulator, the Superintendencia de Telecomunicaciones (SUTEL), mandates retesting and recertification of mobile handset hardware subsequent every software or firmware update. While SUTEL has reduced costs and streamlined procedures for retesting 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.

There are mandatory certification requirements on certain electromagnetic compatibility (EMC) testing. The certification is performed by a third party and requires that the equipment has to be submitted to certification bodies recognized (or approved) by the regulator for certification. Costa Rica’s telecommunications regulator, Superintendencia de Telecomunicaciones (SUTEL), recognises the US FCC Declaration on Conformity and European CE certificates.

The Law No. 8968 for the Protection in the Handling of the Personal Data of Individuals published in March 2013 requires data controllers to provide an all-access “Super User” account to the data protection authority - Prodhab.

The Law No. 8968 for the Protection in the Handling of the Personal Data of Individuals published in March 2013 introduced a period of five days for notifying data subjects affected by a data breach and to conduct an exhaustive investigation to determine the extent of the breach and implement the corresponding corrective and preventive measures. Data controllers are also obliged to notify Prodhab - the Costa Rican data protection authority.

The Law No. 8968 for the Protection in the Handling of the Personal Data of Individuals published in March 2013 requires that personal data that could affect the data subject may not be retained for longer than 10 years after the facts to which they pertain occurred, except as specified by law or an agreement between the parties.

Following a new immigration law in 2010, salaries paid to foreign nationals in an executive position must be at least 25% higher than the national minimum wage established for a similar position.

The telecom incumbent operator in Costa Rica (Instituto Costarricense de Electricidad - ICE) is a state-owned enterprise.

Costa Rica is not signatory of the WTO Reference Paper on Basic Telecommunications.

Despite the market has been open to competition, the last mile access is still owned by the incumbent, the Instituto Costarricense de Electricidad (ICE). It is reported that the access is under monopolistic market conditions, potentially representing an obstacle for foreign investors to engage in this sector.

Internet piracy is allegedly ignored by both authorities and Internet Services Providers (ISPs) in the country.

There is no general copyright exception with regards to fair use/fair dealing. Chapter IX of Law No. 6683 on Copyright and Neighbouring Rights lists the possible uses which are exempt from copyright protection.

Costa Rica’s new wireless service providers reportedly continue to face obstacles, including reluctance by some municipal governments to approve cell tower construction, necessary to support new providers and expand coverage areas.

Law 8642 provides for pre-merger approval from the telecom regulator, SUTEL, in case of mergers, joint ventures or acquisition of control among telecom providers in the country.