A clear and updated internal data protection policy is an essential component of any company’s operations in Costa Rica. Such policies provide data subjects with the assurance that their personal data will be handled safely and in accordance with defined procedures and security measures. At the same time, they serve as a practical internal framework for employees and all parties involved in the collection and processing of data, establishing clear guidelines on how to act in different scenarios, including potential data security breaches.
Under Costa Rican law, a data protection policy must describe how personal data is collected, handled, used, treated, and stored by a company in order to comply with applicable legal and regulatory requirements. The policy should function as a comprehensive internal document that sets out the standards, procedures, and formalities necessary to ensure compliance with data protection obligations. This includes adherence to good practices in data collection and protection, safeguarding the rights of individuals whose data is processed, ensuring transparency in data management, and establishing procedures to mitigate risks associated with data breaches.
All individuals working for or with the company are responsible for ensuring that personal data is handled appropriately and in accordance with the company’s data protection policy. Personal data may include information relating to customers, suppliers, employees, and other individuals with whom the company has or may establish a relationship. This may encompass names, occupations or positions, addresses, email accounts, telephone numbers, and other information relating to identifiable individuals.
Data protection policies must be tailored to the specific characteristics of each company, taking into account its size, structure, and the nature of its operations. These policies apply to all personal data, regardless of the format in which it is stored or processed, whether electronically, in physical documents, or through other means.
Compliance with Costa Rican data protection law—Law No. 8968, Law for the Protection of Individuals Against the Processing of Their Personal Data, and its regulations—requires that personal data be collected, processed, and used fairly and in accordance with applicable principles. Data must be stored securely and must not be disclosed unlawfully. The corresponding policy should clearly identify who has access to such data and under what circumstances it may be disclosed or transferred.
At Lang & Asociados, we assist clients in designing and implementing internal data protection policies that are clear, compliant, and adapted to their specific operations, ensuring proper management of personal data and alignment with applicable legal standards.