CUBA
Reported in 2021, last reported in 2025
Pillar Intermediary liability |
Indicator User identity requirement
Identity requirement for SIM cards
It is reported that Cuba’s approach to SIM registration obliges mobile network operators to collect and store users’ personal information, including proof of identity; however, the relevant legislation could not be located.
Coverage Horizontal
CUBA
Since March 2019, entry into force in July 2019
Pillar Intermediary liability |
Indicator Monitoring requirement
Decree-Law No. 360/2019 on the Security of Information and Communication Technologies and the Defence of National Cyberspace (Decreto-Ley No. 360 sobre la Seguridad de las Tecnologías de la Información y la Comunicación y la Defensa del Ciberespacio Nacional)
According to Art. 51 of Decree-Law No. 360/2019, providers and operators must:
- block the sending, receiving or transmission of harmful mass messages that are sent through their networks and use their services;
- Temporarily suspend for up to a month communications between their networks and those established with the networks of foreign operators or providers that do not adopt the necessary measures to prevent the traffic of harmful mass messages, which is notified within 72 hours after to its suspension and, in the same term, report to the Ministry of Communications;
- Temporarily suspend for up to one month the service provided to users responsible for sending harmful mass messages, which is notified within 72 hours after its suspension and, in the same period, informs the Ministry of Communications, the agencies of the Ministry of the Interior or the Office of the Attorney General of the Republic.
In Art. 53, the Decree establishes that any natural or legal person who transports them or mediates in their dissemination or transmission or has influenced their content is responsible for sending harmful mass messages if, through their technical means, they had known it and did not avoid its transportation, dissemination, transmission, sending and forwarding.
- block the sending, receiving or transmission of harmful mass messages that are sent through their networks and use their services;
- Temporarily suspend for up to a month communications between their networks and those established with the networks of foreign operators or providers that do not adopt the necessary measures to prevent the traffic of harmful mass messages, which is notified within 72 hours after to its suspension and, in the same term, report to the Ministry of Communications;
- Temporarily suspend for up to one month the service provided to users responsible for sending harmful mass messages, which is notified within 72 hours after its suspension and, in the same period, informs the Ministry of Communications, the agencies of the Ministry of the Interior or the Office of the Attorney General of the Republic.
In Art. 53, the Decree establishes that any natural or legal person who transports them or mediates in their dissemination or transmission or has influenced their content is responsible for sending harmful mass messages if, through their technical means, they had known it and did not avoid its transportation, dissemination, transmission, sending and forwarding.
Coverage Internet intermediaries
Sources
- https://web.archive.org/web/20241204185820/https://www.informatica-juridica.com/decreto/decreto-no-360-de-31-de-marzo-de-2019-sobre-la-seguridad-de-las-tecnologias-de-la-informacion-y-la-comunicacion-...
- https://web.archive.org/web/20220624164954/https://www.gacetaoficial.gob.cu/sites/default/files/goc-2019-o45.pdf
CUBA
Since April 2021, entry into force in August 2021
Pillar Intermediary liability |
Indicator Monitoring requirement
Decree-Law No. 35 on Telecommunications, Information and Communication Technologies and the Use of the Radio Spectrum (Decreto Ley No. 35 De las Telecomunicaciones, las Tecnologías de la Información y la Comunicación y el Uso del Espectro Radioeléctrico)
According to Art. 69 of Decree-Law No. 35, telecom operators and providers, in coordination with authorities, must implement technical measures to minimise risks associated with their networks and services. They must also interrupt services if used to harm other operators or countries, transmit false, offensive, or harmful information, or content that is sexual, discriminatory, harassing, invades privacy, or affects personal dignity, identity, integrity, public morality, public order, or is used for illegal acts, irrespective of any resulting criminal, civil, or administrative liability.
Coverage Telecommunications sector
CUBA
Since April 2021, entry into force in August 2021
Pillar Content access |
Indicator Blocking or filtering of commercial web content
Decree-Law No. 35/2021 on Telecommunications, Information and Communication Technologies and the use of the Radioelectric Spectrum (Decreto-Ley No. 35/2021 de las Telecomunicaciones, las Tecnologías de la Información y la Comunicación y el uso del Espectro Radioeléctrico)
It is reported that certain messaging applications showed signs of blocking during the period from 1 June 2024 to 31 May 2025.
The blockings are most likely implemented in accordance with Art. 69 of Decree-Law No. 35/2021, which stipulates that public telecommunications and ICT service operators and providers, in coordination with the competent authorities, shall implement technical operational and supervisory measures to minimise the risks associated with the use of their networks and services, or to suspend such services when they are employed in a manner that affects the networks or services of other operators or countries. This includes instances in which such networks or services are used to disseminate false or offensive information, material detrimental to human dignity, sexual or discriminatory content, or content that incites harassment; that infringes personal or family privacy, or compromises an individual’s image, voice, identity, integrity, or honour; that threatens collective security, general welfare, public morality, or respect for public order; or that serves as a means for committing unlawful acts, irrespective of any ensuing criminal, civil, or administrative liability.
The blockings are most likely implemented in accordance with Art. 69 of Decree-Law No. 35/2021, which stipulates that public telecommunications and ICT service operators and providers, in coordination with the competent authorities, shall implement technical operational and supervisory measures to minimise the risks associated with the use of their networks and services, or to suspend such services when they are employed in a manner that affects the networks or services of other operators or countries. This includes instances in which such networks or services are used to disseminate false or offensive information, material detrimental to human dignity, sexual or discriminatory content, or content that incites harassment; that infringes personal or family privacy, or compromises an individual’s image, voice, identity, integrity, or honour; that threatens collective security, general welfare, public morality, or respect for public order; or that serves as a means for committing unlawful acts, irrespective of any ensuing criminal, civil, or administrative liability.
Coverage Messaging apps
CUBA
Reported in 2025
Pillar Content access |
Indicator Presence of Internet shutdowns
Presence of Internet shutdowns
The indicator "7.2.4 - Government Internet shut down in practice" of the V-Dem Dataset, which measures whether the government has the technical capacity to actively make internet service cease, thus interrupting domestic access to the internet or whether the government has decided to do so, has a score of 2 in Cuba for the year 2024. This corresponds to "The government shut down domestic access to the Internet several times this year."
Coverage Horizontal
CUBA
Since May 2024, entry into force in October 2024
Pillar Content access |
Indicator Restrictions on online advertising
Decree No. 102/2024 – Regulations Governing the Exercise of Advertising and Sponsorship (GOC‑2024‑340‑O48) (Decreto No. 102/2024 - Reglamento para el ejercicio de la publicidad y el patrocinio (GOC-2024-340-O48))
Art. 19 of Decree No. 102/2024 stipulates that proprietors of digital mass media must seek authorisation from the president of the Institute of Information and Social Communication to insert and disseminate advertising, and in doing so must specify the distinctive features and intended scope of the proposed advertising activities. In addition, Art. 115.1.i provides that, in relation to advertising in cyberspace, access to content across digital platforms, applications, video games, or any other software may not be conditioned upon the user’s acceptance of advertising messages.
Coverage Online advertising
CUBA
Since December 2018, entry into force in July 2019
Since May 2019, entry into force in July 2019
Since May 2019, entry into force in July 2019
Pillar Cross-border data policies |
Indicator Ban to transfer and local processing requirement
Decree-Law No. 370/2018 on the Computerization of the Society in Cuba (Decreto-Ley No. 370/2018 Sobre la Informatización de la Sociedad en Cuba)
Decree No. 360/2019 on the Security of Information and Communication Technologies and the Defence of National Cyberspace (Decreto No. 360/2019 Sobre la Seguridad de las Tecnologías de la Información y la Comunicación y la Defensa del Ciberespacio Nacional)
Decree No. 360/2019 on the Security of Information and Communication Technologies and the Defence of National Cyberspace (Decreto No. 360/2019 Sobre la Seguridad de las Tecnologías de la Información y la Comunicación y la Defensa del Ciberespacio Nacional)
Art. 68.f of Decree‑Law No. 370/2018 stipulates that hosting a website on servers located in a foreign country, except where such hosting functions solely as a mirror or replica of the primary website situated on servers within national territory, constitutes a violation related to ICT. Similarly, Art. 82 of Decree No. 360/2019 provides that when, due to connectivity requirements or other considerations, an entity must host a website on servers outside the country, this may only be undertaken as a mirror or replica of the principal website hosted on servers in Cuba. It further requires the adoption of all necessary measures to guarantee the security of the website, particularly during the process of updating information. In addition, Art. 83 establishes that an entity’s network servers intended to facilitate external access and those intended for internal use must be installed in distinct areas of the network in order to prevent any connection between them.
Coverage Horizontal
Sources
- https://web.archive.org/web/20250619150406/https://www.gacetaoficial.gob.cu/sites/default/files/goc-2019-o45.pdf
- https://web.archive.org/web/20251220145240/https://freedomhouse.org/country/cuba/freedom-net/2024
- https://web.archive.org/web/20251220145358/https://www.accessnow.org/control-de-internet-en-su-maxima-expresion-decreto-370-de-cuba/
- Show more...
CUBA
Since March 2014
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Screening of investment and acquisitions
Law No. 118 - Foreign Investment Law (Ley No. 118 - Ley de la Inversión Extranjera)
Art. 19 of the Foreign Investment Law stipulates that, for the establishment of an international economic association, the national investor must negotiate with the foreign investor every aspect of the investment, including its economic feasibility, the respective contributions of the parties, the proposed governance and administrative structure, and the legal instruments required for its formalisation. In the case of a wholly foreign‑owned enterprise, the Ministry of Foreign Trade and Foreign Investment designates the Cuban entity responsible for the relevant sector, subsector, or economic activity with which the investor must examine the proposal and from which written approval must be obtained. Art. 20 provides that the Cuban State authorises only those foreign investments that do not compromise national defence and security, the nation’s patrimony, or the environment. Art. 21 further establishes that approval to undertake foreign investments within national territory is granted, depending on the sector, modality, and characteristics of the proposed investment, by one of the following organs of the State: the Council of State, the Council of Ministers, or the head of the competent body of the Central State Administration authorised for this purpose.
Coverage Horizontal
CUBA
Since April 2012
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the application process for patents
Decree-Law No. 290/2012 on Inventions and Industrial Designs (Decreto-Ley Número 290 sobre Invenciones y Diseños Industriales)
According to Art. 15.4 of Decree-Law No. 290/2012, an agent residing in Cuba must mediate in the event that the patent applicant does not have a domicile or real and effective industrial establishment or commercial establishment in Cuba.
Coverage Horizontal
Sources
- https://web.archive.org/web/20241204185234/https://wipolex-res.wipo.int/edocs/lexdocs/laws/es/cu/cu080es.pdf
- https://web.archive.org/web/20221003052359/https://www.wipo.int/export/sites/www/pct/guide/en/gdvol1/annexes/annexc/ax_c_cu.pdf
- https://web.archive.org/web/20220524215226/https://www.adiazlaw.com/practice-areas/registration-of-copyrights-and-patents-in-cuba/#:~:text=Copyright%20In%20Cuba,were%20copyrighted%20under%20Cuban%20la...
- https://web.archive.org/web/20231005020533/https://www.gestiopolis.com/proteccion-legal-de-las-invenciones-que-involucran-software-en-cuba/
- https://web.archive.org/web/20211018071841/https://www.claim-sa.com/uploads/public/media/download/uploads/media/0001/01/73c47440711250bc4dd1c8f4d25084ad38716cae.pdf
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CUBA
Since July 1996
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Cuba is a party to the Patent Cooperation Treaty (PCT). However, the country does not consider itself bound by Art. 59 related to disputes.
Coverage Horizontal
CUBA
Since December 2022
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Law No. 154/2022 on Copyright (Ley No. 154/2022 “De los Derechos del Autor y del Artista Intérprete”)
Cuba has a copyright regime under the Law No. 154 of 2022. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Art. 86 lists the exceptions, including the use of: creations in accessible formats for persons with disabilities, to the extent required by them; conferences, speeches and other works of the same nature, broadcast in public, when such use is justified by the informative purpose pursued; creations resulting from academic or research activities, such as degree works, science, technology and innovation projects, academic articles; among others.
Coverage Horizontal
CUBA
Reported in 2022, last reported in 2024
Pillar Intellectual Property Rights (IPRs) |
Indicator Enforcement of copyright online
Lack of adequate enforcement of copyright online
Copyright is not adequately enforced online in Cuba. It has been reported that grassroots digital innovations, such as El Paquete Semanal, have facilitated access to extensive collections of frequently pirated digital content, relying on implicit government tolerance. It is also reported that the issue of piracy becomes even more complex on state-run digital platforms in Cuba, where foreign series, movies, and other materials are distributed. A notable example in the telecommunications sector is the illegal use of Windows, as the country lacks the means to obtain licenses. This situation extends to other content broadcast on television and to tools such as Office, the Adobe suite, and many others.
Coverage Horizontal
CUBA
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
Lack of signature of the WIPO Copyright Treaty
Cuba has not adopted the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
CUBA
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
Lack of signature of the WIPO Performances and Phonograms Treaty
Cuba has not adopted the World Intellectual Property Organization (WIPO) Performances and Phonogram Treaty.
Coverage Horizontal
CUBA
Since June 2016
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Decree-Law No. 337, on the Protection Against Unfair Practices Concerning Industrial Property (Decreto-Ley No. 337 de la Protección Contra las Prácticas Desleales en Materia de Propiedad Industrial)
Decree-Law No. 337 provides a framework for effective protection of trade secrets.
Coverage Horizontal
