CUBA
Since November 2008
Pillar Content access |
Sub-pillar Blocking or filtering of commercial web content
Resolution No. 179/08 Regulation for Internet Access Service Providers to the Public (Resolución No. 179/08 Reglamento para los Proveedores de Servicios de Acceso a Internet al público)
Resolution No. 179/2008 allows the restriction of sites and applications that are contrary to social interests, ethics, and morals and/or threaten State security by public internet access service providers. If providers fail to do so, according to Art. 21, their licenses can be invalidated or their contracts suspended. It is reported that this broadly worded law has been used to block websites like Yahoo, Facebook, Twitter, Telegram, and WhatsApp following the protest on 27 November 2020, which took place after authorities raided the headquarters of Movimiento San Isidro (MSI). Facebook was also intermittently inaccessible, while home and mobile subscribers experienced widespread service outages. Cuban internet users reported that Telegram was inaccessible for approximately five weeks as of October 2020, along with several popular VPNs.
Coverage Social media, VPN
Sources
- https://web.archive.org/web/20180329004701/https://law.stanford.edu/wp-content/uploads/2017/09/The-_Right-to-Be-Forgotten_-and-Blocking-Orders-under-the-American-Convention-Emerging-Issues-in-Intermed...
- https://web.archive.org/web/20220715021323/https://www.gacetaoficial.gob.cu/sites/default/files/go_o_060_2008_0.pdf
CUBA
Reported in 2023, last reported in 2024
Pillar Content access |
Sub-pillar Presence of Internet shutdowns
Presence of Internet shutdowns
It is reported that the Cuban government frequently disrupts internet access in response to public protests. These shutdowns are implemented nationwide, even though the protests are localised. Notable instances include the September 2022 shutdown during Hurricane Ian and the May 2023 shutdown during the Caimanera protests. In addition, the indicator "6.2.4 - 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 2023. This corresponds to "The government shut down domestic access to the Internet several times this year."
Coverage Horizontal
Sources
- https://web.archive.org/web/20231101010731/https://freedomhouse.org/country/cuba/freedom-net/2023
- https://www.v-dem.net/vdemds.html
- https://web.archive.org/web/20230324184938/https://www.accessnow.org/patria-y-vida-cuba/
- https://web.archive.org/web/20230206035517/https://www.cibercuba.com/noticias/2021-07-13-u207888-e207888-s27061-gobierno-cuba-bloquea-internet-ocultar-represion
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CUBA
N/A
Pillar Content access |
Sub-pillar Restrictions on online advertising
Restriction on online advertising
Digital advertisement is administered and managed by Empresa de Telecomunicaciones de Cuba S.A. Advertisers who wish to publish content on the network must use the services of this state company. Other alternatives, also state-owned, are Offer, from the Cuban News Agency (ACN) and the services of Cubavisión International or Radio Taíno. Cuba has an absence of regulation in the field of communication. The most advanced in this regard is the bill on Advertising, Promotion, Public Relations, Institutional Propaganda and Public Good Propaganda drafted by a commission of the former Cuban Association of Publicists and Propagandists (ACPP).
Coverage Advertising sector
Sources
- https://www.elnuevoherald.com/noticias/america-latina/cuba-es/article30524649.html
- https://web.archive.org/web/20241204190922/http://scielo.sld.cu/scielo.php?script=sci_arttext&pid=S2308-01322018000200003
- https://web.archive.org/web/20230620223412/https://www.swissinfo.ch/spa/cuba-comunicaci%C3%B3n_cuba-presenta-anteproyecto-de-ley-que-regula-a-los-medios-en-la-isla/47747422
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CUBA
Since June 2019
Pillar Content access |
Sub-pillar Licensing schemes for digital services and applications
Decree-Law No. 370/2019 on the Informatization of Society in Cuba (Decreto Ley No. 370/2019 Sobre la Informatización de la Sociedad en Cuba)
According to Art. 8 of Decree-Law 370, the Ministry of Communications issues licenses to providers of services related to the computerisation of Cuba so that they can project, install, maintain and market computer programs and applications according to the conditions set forth in the law.
Coverage ICT sector
CUBA
Since June 1994
Pillar Quantitative trade restrictions for ICT goods and online services |
Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Resolution No. 153/1994 (Resolución No. 153/1994
According to Art. 2 of Resolution No. 153, all entities established in Cuba to carry out export or import activities must be registered in the National Registry of Exporters and Importers. It is reported that there are costs and delays in the process of registering a company as an authorised supplier. While there is no fee to register, companies have reported that total translation and legalisation costs in both countries range from US$5,000 to US$10,000, depending on the size of the company and the number of documents required. If the company has not been in business for a period of two years, the registration lapses, and the process must begin again.
Coverage Horizontal
Sources
- https://web.archive.org/web/20211104074031/https://www.aduana.gob.cu/sites/default/files/2021-02/DL124-90.pdf
- https://web.archive.org/web/20230323041001/https://www.camaracuba.cu/registros/
- https://web.archive.org/web/20240724124406/https://vuceregulaciones.mincex.gob.cu/media/MINCEX%20Resoluci%C3%B3n%20No.153%20de%201994.pdf
- https://web.archive.org/web/20231204235203/https://www.tradecommissioner.gc.ca/cuba/market-facts-faits-sur-le-marche/0001737.aspx?lang=eng
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CUBA
Since August 2021
Pillar Technical standards applied to ICT goods and online services |
Sub-pillar Open and transparent standard-setting process
Decree-Law 46/2021 on Micro, Small and Medium-Sized Enterprises (Decreto Ley 46/2021 Sobre las Micro, Pequeñas y Medianas Empresas)
Decree-Law 46/2021, for the first time, puts the regulation and standards of private sector companies into a legal framework. Given the nature of standards and norms legislation in Cuba, where the government publishes laws through decrees approved by the Communist Party Assembly, foreign companies cannot participate in institutional bodies that establish and regulate trade norms. Decree-Law 46/2021 establishes the rules and regulations on the private sector for all micro, small and medium-sized companies that make up the private sector permitted by the state. The government establishes in Chapter IV the norms related to the control and inspection of the goods and services of the private sector. The government issues the Decree unilaterally without the participation of foreign entities.
Coverage Horizontal
Sources
- https://web.archive.org/web/20220813123024/https://www.tsp.gob.cu/sites/default/files/documentos/goc-2021-o94-Actores-Economicos.pdf
- https://web.archive.org/web/20220927144154/https://www.granma.cu/cuba/2021-08-20/nuevas-normas-juridicas-para-el-perfeccionamiento-de-los-actores-economicos-en-cuba-20-08-2021-23-08-04
CUBA
Since November 2014
Pillar Technical standards applied to ICT goods and online services |
Sub-pillar Self-certification for product safety
Resolution No. 139/2014 on the Regulation of the Central Commercial Registry (Resolución No. 139/2014 Sobre el Reglamento del Registro Central Comercial)
According to Chapter II of Resolution 139/2014 on the Regulation of the Central Commercial Registry, all commercial companies must process their registration and certification for products through the office of the Central Commercial Registry. Therefore, self-certification is not allowed for local companies, nor foreign ones. It is reported that in-country testing is required.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230128062414/https://www.cubatramite.com/inscripcion-en-el-registro-central-comercial/#22-_Cuando_los_comparecientes_que_pretenden_operar_en_moneda_extranjera_para_realiz...
- https://web.archive.org/web/20220721143643/https://www.gacetaoficial.gob.cu/sites/default/files/go_o_55_2014.pdf
- https://web.archive.org/web/20210908200315/http://www.acn.cu/economia/78152-habilitara-registro-central-comercial-de-cuba-plataforma-para-tramites-en-linea
- https://web.archive.org/web/20230927103654/https://www.eleoscompliance.com/en/type-approval/cuba
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CUBA
N/A
Pillar Technical standards applied to ICT goods and online services |
Sub-pillar Self-certification for product safety
Lack of self-declaration of conformity
According to the Ministry of Communications, a process is implemented that requires a homologation certificate issued after control in testing laboratories in Cuba for ICT goods. Although there is no legal framework establishing the procedures for testing, control and certification of these goods, the Ministry requires companies to pass certain tests to obtain a homologation certificate for each product or service of telecommunication and computer equipment. There are two accredited laboratories in Cuba. The first one performs tropicalisation tests. The second one handles the testing of equipment connected to telecommunications networks that use the spectrum. Through this certification process, the Ministry of Communications regulates and controls the technical and operating specifications of the systems, equipment, and devices to be used in telecommunications and computer networks in order to guarantee the interconnection between public networks, as well as the interoperability of services.
Coverage Telecommunication and computer equipment
CUBA
Since November 2008
Pillar Technical standards applied to ICT goods and online services |
Sub-pillar Restrictions on encryption standards
Resolution No. 179/08 Regulation for Internet Access Service Providers to the Public (Resolución No. 179/08 Reglamento para los Proveedores de Servicios de Acceso a Internet al público)
Art. 19 (e) of Resolution No. 179/08 requires that Internet access service providers must ensure that software with cryptographic systems or encrypted file transfer is not used.
Coverage Internet access providers
CUBA
Since September 2011
Pillar Technical standards applied to ICT goods and online services |
Sub-pillar Restrictions on encryption standards
Resolution No. 128/2011 Regulation for Private Data Networks (Resolución No. 128/2011 Reglamento Para las Redes Privadas de Datos)
Resolution No. 128/2011 regulates data private networks. Art. 2 (c) defines a private data network as a network infrastructure installed in the same location (or in different geographic locations) and interconnected among them by public and private telecommunications links managed and operated by a legal person to meet its institutional data transmission needs. Art. 19 (5) of this Resolution establishes the requirement of official approval from the Ministry of Communications to use any type of application or service supported by a private network that implies encryption of the information that is transmitted and the Ministry requires compatibility with the IPv6 Protocol for contracted services.
Coverage Data private networks
CUBA
N/A
Pillar Online sales and transactions |
Sub-pillar Maximum foreign equity share for investment in the e-commerce sector
Restrictions connected to the CIMEX Company and the Tuenvio.cu platform
Although Law 118 on foreign investment does not restrict investments in the online commerce sector, the state company CIMEX, with its company Tuenvio.cu, is the only platform that offers online purchases in Cuba.
Coverage E-commerce sector
CUBA
Since March 2020
Pillar Online sales and transactions |
Sub-pillar Limits on e-commerce purchases
Online shopping guide on the Tuenvio.cu platform
In June 2020, Cimex Corporation notified all users of the "tuenvio.cu" e-commerce platform via email about new regulations for online purchases. According to these updated regulations, users of the Tuenvio.cu platform, which facilitates e-commerce in Cuba, is limited to one purchase per day for food and toiletries combos. These restrictions were outlined in Cimex's online shopping guide, which is available on the Tuenvio.cu platform, ensuring customers were aware of the daily purchase limits.
Coverage E-commerce sector
Sources
- https://web.archive.org/web/20231129162421/https://www.directoriocubano.info/cuba/informacion-de-las-tiendas-cubanas-tu-envio-sobre-la-venta-online-de-combos-de-alimentos-y-aseo/
- https://web.archive.org/web/20241204200333/https://www.granma.cu/cuba/2020-08-11/tuenvio-regula-compras-virtuales-11-08-2020-23-08-20?page=2
- https://web.archive.org/web/20220812050816/https://www.gacetaoficial.gob.cu/es/resolucion-42-de-2020-de-ministerio-del-comercio-interior
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CUBA
Since March 2019, entry into force in July 2019
Pillar Intermediary liability |
Sub-pillar 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
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar Functional/accounting separation for operators with significant market power
Lack of accounting and functional separation requirements
It is reported that there is no mandate for accounting nor functional separation for telecom providers with significant market power. The dominant and monopolistic company in the sector is the state company ETECSA.
Coverage Telecommunications sector
CUBA
Since April 2021, entry into force in August 2021
Pillar Intermediary liability |
Sub-pillar 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 Horizontal