THE IMPORTANCE OF HAVING A PRIVACY POLICY FOLLOWING COSTA RICAN LAW

A privacy policy is a statement that discloses and describes the ways in which a company collects, stores, uses, process, discloses, and manages a third party data, such as for example data pertaining to a user, a customer or client. Privacy policies are usually contained on a company’s website, and probably the most common location to place a link to a privacy policy would be the footer of such website. Notwithstanding the above, that is not the only means in which a privacy policy may be made publicly available by the company for any interested party. What is really important is for such policy to be easily available or visible to any party who wants to be informed on how is their personal data is going to be used and processed.

The contents of a privacy policy usually cover matters such as the use of cookies, the purposes for collecting or processing the data, the type or nature of the information being collected by the company (which can be collected through a form, an application, or directly through the company’s website), data treatment and storage security, information on who is allowed to access the data, specifics regarding data transfers or disclosures, among others. A privacy policy needs to reflect the specific characteristics and details of the company’s operation and its data collection/processing goals.

Furthermore, in addition to establishing how the company will use the data to be collected, an accurate and complete privacy policy shall also include how the company will meet its legal obligations according to applicable law, and how those sharing their data can obtain protection in cases in which the company fails to meet those responsibilities. Based on the above indicated, it is very important for a privacy policy to meet all the legal formalities, requirements and procedures, and to include all the information required for a third party to be duly informed on the particularities related with his/her data collection or processing.

Let our experienced Costa Rican attorneys guide you through creating the most appropriate privacy policy according to Costa Rican law.