Legality and enforceability of electronic signatures in Costa Rica*

Are Electronic Signatures Recognized in Costa Rica?

Yes. In 2019, Costa Rica adopted the Law on Certificates, Digital Signatures and Electronic Documents №8454. This law recognizes the legal validity of electronic signatures and establishes a regulatory framework for their use.

Types of Electronic Signatures in Costa Rica

Costa Rican laws define two types of electronic signatures: a digital signature and a certified digital signature.

A digital signature is any set of data (i) attached to or logically associated with an electronic document, which (ii) allows its integrity to be verified, as well as to (iii) uniquely identify and legally link the author to the electronic document.

Default SignNow electronic signature qualifies as a digital signature under the laws of Costa Rica.

A certified digital signature is a digital signature that is based on (i) a valid digital certificate and (ii) issued by a registered certification authority.

In terms of the law, a valid digital certificate must guarantee, confirm, or technically validate the following:

The legal link between a document, a digital signature, and a signer.
The integrity, authenticity, and general non-alteration of the document and digital signature.
The authentication or certification of the document and the associated digital signature - only in the case of the exercise of public certifying powers.
The signature creation device must at least meet the requirements of ISO 15782-1 or FIPS 140-1 standard.

A certified authority must be registered by the Directorate for Certifying Digital Signature. When this is not the case, the law recognizes digital certificates issued outside of Costa Rica are recognized as valid and effective if an issuing certified authority:

Has an established correspondent relationship with the Costa Rican certified authority that recognizes and validates their digital certificates.
Meets the requirements for certified authorities issued by the Costa Rican Digital Signature Certifiers Directorate.
Is established in a country that has entered into a reciprocal agreement with Costa Rica for the mutual recognition of digital signatures.

Currently, SignNow is not registered as a certified authority under the Costa Rican laws.

Validity of Electronic Signatures in Business and Court

According to the law, electronic documents and communications signed by digital signature shall be granted the same probative value as physical documents. In any legal provision that requires the presence of a signature, both digital and handwritten signatures shall be recognized in the same way.

Do Parties to the Contract Need to Consent to the Use of Electronic Signature?

Costa Rican laws do not provide direct rules or requirements in this regard. However, according to a commonly recognized rule, for a contract to be valid, both parties must reach an agreement and manifest their consent, either verbally or electronically.

Use of Electronic Signatures By Government Authorities

Electronic public documents must bear a certified digital signature. State and government authorities might also adopt their own internal rules for using electronic signatures within their area of responsibility.

Use Cases When You Can Use Electronic Signatures

Under Costa Rican law, individuals are specifically permitted to use electronic signatures in the following situations:

To form, formalize, and execute contracts.
To serve and sign notifications, summons, and other judicial communications.
To process, manage, and preserve judicial and administrative files.
To receive, practice, and preserve evidence.
To issue certificates and other certification documents.
To present, process, and register documents in the National Registry.
To manage, conserve, and use notarial protocols in general, including the manifestation of consent and the signature of the parties.

The above list of situations is not exhaustive. In general, a person is allowed to use electronic signatures unless otherwise required or prohibited by the law.

When It Is Prohibited to Use Electronic Signatures

The use of electronic signatures is prohibited in the following cases:

For documents and transactions that require a handwritten signature by law.
For documents related to a person's death.
For acts and agreements related to family law matters.
For transactions pertaining to personal status.

* Disclaimer: This page is for informational purposes only. This page provides a background on the legal framework for electronic signatures in the respective country. This page is not legal advice and should not be used or relied upon as legal advice. You should seek legal counsel regarding any legal questions you have regarding the use of electronic signatures in this jurisdiction. To the maximum extent permitted by law, airSlate provides this page and the material on this page on an “as-is” basis. airSlate disclaims and makes no representation or warranty of any kind with respect to this page or the material on this page, express, implied, or statutory, including representations, guarantees, or warranties of merchantability, fitness for a particular purpose, or accuracy.

Last updated: September 2024