Below are the regulatory compliance trends for the tourism sector in Costa Rica this year: 

Environment 

  • Utilization of protected areas along riverbanks for ecotourism purposes: According to the latest amendment to the Forestry Law, the use and management of protected areas around rivers and streams for the installation of structures such as observation platforms, hanging bridges, ziplines, and other low-impact activities is permitted, provided prior authorization is obtained from the Water Authority (Dirección de Agua). Despite the Water Authority’s failure to issue the permitting process regulations, some tourism companies have already started applying for the necessary permits. 
  • Restrictions on the use of single-use plastic products: A regulation aimed at reducing the use of single-use plastic products, such as the prohibition of plastic straws and the requirement to participate in plastic bottle recovery, came into effect earlier this year. 
  • Waste management plans: The regulation on plastic control has led to increased scrutiny by health authorities of waste management plans, which all businesses must have in place. These plans must adhere to the Ministry of Health’s standards and include details, such as the estimated weight of each type of waste generated, applicable storage and disposal methods, and waste reduction or recovery goals. 

Ethics and Anti-Corruption 

  • Corruption reporting: This year, the enactment of Law 10437 requires companies with more than 50 employees to provide an electronic channel for confidential reporting of corruption. Best international practices recommend that the channel ensures reports are reviewed expediently by trained personnel and that a reasoned decision is promptly issued regarding the reported incident. 
  • Public officials reporting: Current anti-corruption regulations prohibit the provision of any item or service of value to public officials due to their position, including excessive discounts or complimentary experiences, meals, or stays at tourism facilities. Therefore, companies in the sector should implement clear protocols for receiving and interacting with public officials on their premises. 
  • Corporate criminal liability and prevention programs: In alignment with OECD recommendations, Costa Rica has introduced fines of up to $900,000 for companies involved in corruption or influence peddling with public officials. This penalty may be avoided or reduced by up to 40% if the company, before the commission of the offense, has effectively adopted and implemented an anti-corruption prevention program that meets the legal requirements. 

Consumer Rights and Data Protection 

  • Obtaining consent for processing personal data: To process personal data, companies must obtain the individual’s informed consent to handle their information. Therefore, before requesting any data, it is necessary to obtain proper informed consent. 
  • Adequate information on conditions: Before they purchase any product or service, consumers must be clearly, truthfully, timely, and sufficiently informed about all conditions that may affect their decision. All information provided should include relevant aspects of the service offered with services that are not properly communicated remaining undelivered. 
  • Application of European regulations when offering services: European Union data protection regulations have extraterritorial application. Therefore, the EU General Data Protection Regulation (GDPR) may apply to marketing efforts directed at individuals in EU countries. 

Operations 

  • Adventure tourism guides: Any company offering adventure tourism activities must employ certified guides or qualified personnel, accredited by the Costa Rican Tourism Institute (ICT), for each specific activity. Additionally, activities such as mountain biking, horseback riding tours, canopy tours, rafting, and ropes courses must comply with the safety and infrastructure requirements set forth by the relevant ICT regulations. 
  • Verification of Electrical Installations: Any establishment that serves as an assembly venue for more than 100 people must obtain a certificate verifying its electrical installations. This requires confirmation that the buildings comply with the safety requirements established in the current electrical safety standards (NFPA 70) at the time of construction. 
  • Operating and Safety Standards for Swimming Pools: All public-use swimming pools must obtain prior authorization from the corresponding Regional Health Authority, comply with the required construction and equipment standards, and be constantly supervised by lifeguards and qualified personnel who monitor water quality. Failure to meet these requirements may result in the closure of the pools and impact insurance coverage in the event of an accident. 

Employment and Social Security 

  • Internal policy against sexual and workplace harassment: Companies must have an internal policy that clearly outlines the investigation process for handling complaints of sexual or workplace harassment, ensuring a safe and respectful work environment. 
  • Breastfeeding rooms: Employers with more than 30 female employees must provide a breastfeeding room that meets the necessary conditions, including a minimum size of six square meters, a refrigerator, a small table, two chairs, a sink with liquid soap, paper towels, a trash can with a lid and plastic liner, curtains or dividers for privacy, natural or artificial ventilation, proper lighting, a cleaning plan, non-slip flooring, and a floor plan. 

Legislative Bills in the National Assembly 

  • Law against Workplace Harassment in the Public and Private Sectors: Seeks to create a legal framework to prevent, regulate, prohibit, and sanction workplace harassment in employment relationships. 
  • Law on the Establishment of Exceptional Work Shifts: Also known as the “4×3 Work Shift Law,” this bill proposes introducing exceptional work shifts of 12 hours per day into the Labor Code. 
  • Law to Create Paid Leave for Workers for Bereavement: Aims to establish a one-calendar-week paid leave for employees who suffer the death of a family member within the first or second degree of kinship or collateral relationship; three natural days for the death of relatives in the first or second degree of affinity; and a two-day paid leave for the death of relatives within the third degree by consanguinity, collateral relationship, or affinity. 

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