BDS Publications

#CostaRica 🇨🇷 #BDS_LaborAlert: Optimization of Digital Signatures in Labor Documentation

Written by BDS Asesores | Dec 19, 2023 11:27:54 PM

In accordance with Article 8 of the "Law on Certificates, Digital Signatures, and Electronic Documents," emphasis has been made recently on distinguishing between digital signatures and certified digital signatures, highlighting the greater legal security provided by the latter.

 
The Legal Affairs Department of the Ministry of Labor (MTSS) claims that companies can integrate technology to document employment relationships, as long as they ensure the verification of the document's integrity and enable clear identification of the author.
 
This approach is intended to provide legal protection by aligning with the above-mentioned regulations. In administrative or judicial proceedings, parties are granted freedom of evidence (for certain matters). However, caution is advised regarding any risks associated with using signatures through other technological means, hence the suggestion to prefer certified digital signatures to prevent potential complications.
 
In the private sphere, the principle of autonomy of the will may prevail, allowing the parties to establish the mechanisms to be used internally.