Are NDAs legally binding in Costa Rica? A guide for employers [2025]

Hiring in Costa Rica can be a complex process. From an offer letter to onboarding your next employee at a global company, the details are many to stay compliant with local laws. One step you should not skip is adding a non-disclosure agreement (NDA) to your employment contract when hiring in Costa Rica.

Non-disclosure agreements help employers protect confidential information and intellectual property or trade secrets. In Costa Rica, the Undisclosed Information Law makes it a crime to disclose confidential information without authorization, but it protects personal data more than companies.

So how do you protect yourself under Costa Rican law? Are NDAs enforceable in Costa Rica? Keep reading about how confidentiality agreements can help your company stay compliant and protected.

What is an NDA?

A non-disclosure agreement (NDA) is a legal contract that prevents parties from disclosing proprietary or confidential information to third parties. NDAs are commonly used to safeguard trade secrets and other confidential information in the workplace, preventing competitors from accessing them. In a work environment, NDAs are signed by employees to prevent the dissemination of the company's confidential information.

In Costa Rica, the employer has the right to terminate a worker if they release confidential information about the company following the 90-day probation period. 

Are NDAs enforceable in Costa Rica?

Yes, the Republic of Costa Rica recognizes NDAs, and they are enforceable in the country.

For an NDA to be valid in Costa Rica, the agreement must be in writing, clearly identifying the parties involved and the confidential information in question. It needs to be signed by the parties without coercion.

You can generate NDAs, offer letters, and any other documents you need, then easily send them out for e-signature—all through Rippling.

(Note: our guide is for informational purposes and isn’t intended to provide legal advice.)

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Three things you need to know about NDAs in Costa Rica

In Central America, many countries have some protection surrounding intellectual property and confidential information, but it’s often not enough to protect your company.

• Data protection laws. Costa Rica is one of many countries in Central America that has data protection laws. The laws cover the fundamental right of individuals to decide what personal information can be shared publicly. An NDA can protect your company and help you stay compliant with safeguarding both customer and employee data.

• A written NDA must be specific. A well-written non-disclosure agreement must expressly state what is confidential, what constitutes a waiver on sharing certain information, and the time frame in which such information cannot be disclosed.

• Required consent from both parties. An NDA is only valid when the parties signing the agreement entered into it voluntarily and without coercion.

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When would an employee or contractor sign an NDA?

The employee must sign the NDA during the onboarding process and before any confidential information is shared during their first days at the company. It’s recommended to include it with the employment contract or offer letter.

Frequently asked questions about NDAs in Costa Rica

Run your global workforce in Costa Rica with Rippling

With Rippling, you can onboard employees and contractors in Costa Rica in just 90 seconds. ​​Generate NDAs, offer letters, and any other documents you need, then easily send them out for e-signature. With Rippling you can manage HR, IT, and Finance in one unified system—and automate your global compliance work.