Costa Rica joins DEPA: ECIJA analyses the impact of the first digital trade agreement in the Central American region

What is the DEPA?

The DEPA (Digital Economy Partnership Agreement) was signed on 12 June 2020 by New Zealand, Chile and Singapore and is the first international trade agreement dedicated exclusively to the digital economy. Unlike the digital chapters included in traditional free trade agreements, the DEPA is an autonomous and modular instrument that comprehensively regulates trading conditions in the digital environment.

Its disciplines cover: paperless trade (electronic invoicing and documentation), personal data protection and privacy, cybersecurity, digital identity, artificial intelligence (AI), fintech and emerging financial technologies, as well as cooperation mechanisms for digital inclusion. The Republic of Korea joined the agreement in May 2024, as its first new member; Costa Rica was formally invited to join in January 2025, and Peru received the same invitation in January 2026.

Strategic importance for Costa Rica

Membership is of particular relevance to the country's export structure: services account for 46% of Costa Rica's total exports, and approximately half of these transactions are carried out through digital channels. The DEPA provides the regulatory framework that facilitates, protects and scales this type of commercial exchange in the markets of member countries.

From a public policy and international positioning perspective, joining the DEPA consolidates Costa Rica's image as a regional digital hub and a reliable partner for high-tech trade. The agreement complements the digital transformation agenda promoted by COMEX and MICITT, and sets a precedent for other Central American and Latin American countries to consider future membership.

"The DEPA is not just a trade agreement: it is a roadmap for Costa Rica to regulate, compete and export in the global digital economy with world-class rules. Its modules on artificial intelligence, digital identity and data protection oblige the country to raise its domestic regulatory standards, which in practice translates into greater legal certainty for companies operating in the Costa Rican digital ecosystem, and an attractive differential for foreign investment in the technology sector," said Elías Soley, Head of the Public Policy Practice at ECIJA Costa Rica and former Costa Rican Ambassador to the OECD.

Regulatory and public policy implications

The ratification of the DEPA opens a process of regulatory adaptation that the country will have to manage with precision. The agreement establishes commitments on cross-border data flow, limitations on server location requirements and mutual recognition of digital authentication systems, among others. This requires a review of existing legislation on data protection, cybersecurity and e-commerce to ensure consistency with the treaty's standards.

The DEPA also contains a specific chapter on cooperation on artificial intelligence, in which the parties commit to exchange best practices and regulatory frameworks for the ethical and responsible development of this technology. Given the nascent state of AI regulation in the region, Costa Rica will have the opportunity - and the responsibility - to actively contribute to the definition of these standards within the treaty.

"From a foreign policy perspective, joining the DEPA is an unmistakable sign that Costa Rica is opting for a cutting-edge international insertion. The agreement links the country with economies that lead global digital governance - New Zealand, Singapore, South Korea - and gives it a voice in the construction of standards that will define trade in the coming decades. The unanimity with which the Legislative Assembly approved this bill reflects a valuable institutional consensus, but the real challenge begins now: translating the DEPA commitments into coherent domestic legislation and a diplomatic strategy that takes advantage of Costa Rica's new position in multilateral digital economy fora," Soley said.

About ECIJA

ECIJA is a law firm specialised in technology, privacy, media and communications, with presence in more than 20 jurisdictions in Europe, Latin America and the United States. In Costa Rica, ECIJA has practices specialising in Technology, Media and Telecommunications (TMT) and Public Policy & Regulatory Affairs, advising local and international companies in navigating complex regulatory frameworks in the digital economy.

Press contact

Johanna Gutiérrez | Chief Growth Officer | ECIJA Costa Rica

jgutierrez@ecija.com | www.ecija.com