Intellectual Property Law

Costa Rica's E-Signature Law

By IBLS Editor

Costa Rica''s Law of Digital Signatures, Certificates, and Electronic Documents authorizes the state and public entities to utilize digital certificates, electronic documents and digital signatures, and establishes a framework, including the necessary bodies and procedures, for the functioning of such a system. This article provides a summary of Costa Rica"s e-signature law.

Costa Rica''s Law of Digital Signatures, Certificates, and Electronic Documents was passed by the Legislative Assembly of the Republic of Costa Rica on August 23, 2005. The law, which applies to both public and private legal acts, authorizes the state and all public entities to utilize digital certificates, electronic documents and digital signatures. Articles 3, 4, and 18 of the law give electronic signatures and documents legal recognition and functional equivalence to physical media. An electronic document thus has the same value and the probative efficacy as the equivalent signed manuscript. The electronic signature is considered registered when the registered certifier sends the digital certificate, as per Articles 8 and 9. Under Article 10 of the law, an electronic signature is presumed to be in force at the moment of issuance, unless proven otherwise by an opponent. Notwithstanding this presumption, an electronic signature is subject to the legal requirements of authentication, certification or registration.

Article 5 of the law lists a wide range of documents that may be validly produced in an electronic format, such as contracts, documents to be filed with the National Register, signatures for legal service of notices, summons and other judicial documents.

Under Article 6 of the law, businesses are able to legally store their files and documents in electronic form, provided that the necessary security measures are taken to guarantee the accuracy of the file, accessibility and information regarding its origin. The transition or migration of business records or files to an electronic format must be carried out with the authorization of the competent authority where such storage is required by law.

Articles 11 and 12 outline the requirements and mechanisms for validating electronic document systems. The document and digital signature should be linked in some way. The file should have a means of authentication and integrity verification. Those operating such systems may establish appropriate mechanisms for certification or validation.

Articles 26 to 30 of the Act deal with penalties that may be imposed on the certifier for violations of the law. These include fines, as well as suspension or revocation of a certifier''s registration. The latter is imposed for serious violations such as the issuing of fake certificates or submitting false information to obtain registration.

Article 23 specifies that the Directorate of Digital Signature Certifying, under the auspices of the Ministry of Science and Technology, will manage and supervise the system certification bodies. The duties of the Directorate of Digital Signature Certifying include the following,

- Receiving, handling and resolving certifiers'' applications for registration

- Keeping a record of digital certificates

- Suspending and revoking the registration of certifiers and certificates

- Monitoring the functioning of registered certifiers to ensure their reliability, efficiency and full compliance with the applicable rules, and imposing, if necessary, the penalties provided under the Act

- Maintaining a website on the Internet to disseminate information on the activities of the Directorate of Digital Signature Certifying and the registration of certifiers.

The law confers full legal value and effectiveness to a digital certificate issued abroad if the digital certificate fulfils all the requirements set out in Article 19 of the law (regarding certifying requirements), and if there is a reciprocal agreement to this effect between Costa Rica and the country of origin providing the certification.

Full post as published by IBLS Internet Law Blog on March 03, 2010 (boomark / email).