LEGAL ADVICE ON DIGITAL IDENTITY, ELECTRONIC SIGNATURES, and DIGITAL SIGNATURES
We are attorneys specializing in the implementation of digital onboarding, digital identity, and electronic signatures in Costa Rica
Our legal team will assist you in implementing legally binding electronic signature systems, as well as digital identification and authentication processes within your organization.
Digital Identity
Digital Identity is a set of digital or physical attributes that make it possible to identify a person in a specific context; this identity will allow that person to interact with a third party through digital channels.
Digital Onboarding
Digital Onboarding is a process that allows an organization to identify and verify a person’s identity, either in person or remotely through a digital channel.
Through a digital platform, it is possible to determine with a high degree of certainty that there is a real person behind the process and that this person is who they claim to be at that moment; If the process is successful, that person will be enrolled in the organization’s digital system and issued credentials linked to their digital identity, thereby enabling the user to interact with the organization through digital channels in the future.
Both the creation and management of digital identities and digital onboarding processes involve complex and highly technical legal aspects that must be evaluated, as they encompass issues such as personal data—particularly the use of biometric data—electronic signatures, electronic contracting, digital evidence, cryptography, and more.
For this reason, it is important to seek legal counsel specializing in digital law to develop these processes with full legal certainty.
Electronic Signature and Digital Signature
Simple electronic signatures and advanced electronic signatures (digital signatures) are valid methods with full legal effect in Costa Rica, subject to verification of the legal and technical requirements set forth in the Ley de Certificados, Firmas Digitales y Documentos Electrónicos No. 8454 (Law on Certificates, Digital Signatures and Electronic Documents) and other relevant provisions. These are the ideal mechanisms for signing electronic documents in relationships governed by private law, where the parties freely and autonomously agree on the preferred mechanism for expressing their intent.
On the other hand, a certified digital signature is one issued by the Certification Authority (Banco Central de Costa Rica) and which enjoys a presumption of authorship and liability on the part of the digital certificate holder.
In each use case, the appropriateness of using a simple electronic signature, an advanced electronic signature, or a certified digital signature may be assessed by conducting a risk analysis regarding the legal act that needs to be signed. For more details on the differences between these mechanisms, we invite you to read the article “Firma electrónica, firma digital y firma digital certificada en Costa Rica”.
DIGITAL TRANSFORMATION BEGINS WITH ELECTRONIC SIGNATURES AND DIGITAL IDENTITY
Legal services specializing in:
- Implementation of electronic signatures within a digital onboarding process.
- Management of personal data linked to electronic signatures.
- Risk analysis in the implementation of simple electronic signature, advanced electronic signature (digital signature), or certified digital signature.
- Linking the signer's identity to the electronic signature.
- Verification and validation of the certified digital signature.
- Implementation of the electronicsSeal for legal entities
- Design of electronic document signing processes.
