Art. 60 of Decree-Law No. 360 establishes that computer systems in which access is possible by multiple users should implement a personal and unique user identifier. The article adds that the people to whom user identifiers are assigned are responsible for the actions realized with their user identifier. In the event of termination of the employment relationship or other causes determined by the entity managing the computer system, the user identifier should be eliminated. In all cases, the traces of the use of the access credentials should be preserved for a period of at least than one year.

Cuba has not joined any agreement with binding commitments to open transfers of data across borders.

Law 149/2022 includes provisions for cross-border data transfer and outlines that there are only five specific exceptions for data transfers outside the country. The cross-border data transfer is therefore only allowed in the case of international judicial cooperation, exchange of medical data when necessary for the treatment of the data subject, bank or stock exchange transfers about the relevant transactions, under applicable international treaties, and if the transfer of data is for the purpose of international cooperation in the fight against crime (Art. 65.1). In addition, Art. 66 grants to certain authorities the competencies to authorise the international transfer of personal data in other circumstances.

The Ministry of Communications is the one that regulates, controls and supervises the telecommunications sector and it is reported that it is a non-independent state entity. This authority is established by Art. 16 of 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). The Ministry of Communications, according to Chapter II, Art. 6, is the governing body within the framework of the telecommunications and Technology, Information and Communications sector and the use of the radioelectric spectrum.

Art. 68(f) of Decree Law No. 370 states that the use of foreign servers to host websites is an offence. According to Art. 82 of Decree No. 360/2019, "when due to connectivity needs or other interests, the entity requires hosting a site on servers located in a foreign country, this is done as a mirror or replica of the main site on servers located in Cuba and the required measures are established to guarantee their security, in particular during the process of updating the information. In addition, according to Art. 83, "The network servers of an entity intended to facilitate access to or from abroad and those for internal use must be installed in different areas of the network, in such a way as to avoid connection between them."

Although Cuba does not have any licensing requirements that could be considered discriminatory, there are restrictions that discriminate against foreign or foreign investment companies. Empresa de Telecomunicaciones de Cuba. S.A. (ETECSA) is the only company that has legal ownership and administration of telecommunications services Art. 1 of Decree No. 321 grants the administrative concession to ETECSA, enabling it to provide public telecommunications services granted in administrative concession in the national territory in the modalities, for the term and under the conditions established in the Decree-Law No. 35 in its Article 25 establishes that "public telecommunications services have priority over private telecommunications services" explicitly imposing, within a legal framework, discrimination against companies foreigners in favor of the state ones.

Decree No. 321 broadens the scope of the concession to the Cuban Telecommunications Company. S.A. to more modalities of telecommunications services mentioned in Art. 3, including the following modalities: basic telephone service; signal driving service; data transmission service; land mobile telecommunications cellular service; virtual phone service; booth service and public telephone stations; Internet access service; value-added telecommunications service; trunked mobile radio communication service; application provision service in the Internet environment; subscription television service; and contact center services. This represents a form of discrimination that gives all administrative space exclusively to the state company and none to foreign companies.

Cuba has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.

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.

Arts. 85 and 86 of the Law No. 35 establish that telecommunication services be provided by state companies. This presents restrictions or exclusions to foreign companies in the Telecommunications sector and in the Technology, Information and Communication sector (Chapter II, Sections Four and Eight). Currently, the Cuban Telecommunications Company has full ownership of telecommunications services. Therefore, foreign companies face a monopolistic barrier on the part of the national company in the telecommunications sector that includes services such as basic telephone services, signal conduction, data transmission, cellular land mobile telecommunications, virtual telephony, public telephone booths and stations, internet access, trunked mobile radio communication, provision of applications in the Internet environment and subscription television.

The Cuban Telecommunications Company. S.A. (ETECSA) has a state monopoly on telecommunications services and goods. Art. 1 of Decree No. 321 grants the administrative concession to ETECSA, enabling it to provide public telecommunications services granted in the national territory in the modalities, for the term and under the conditions established in the decree. This Decree updates Decree 275 of 2003 of the Council of Ministers, giving it a period of up to 2023 to continue controlling all telecommunications services.

According to Decree-Law No. 370, there is an obligation for passive infrastructure sharing in the country to deliver telecom services to end users. It is practiced in the mobile sector and in the fixed sector based on commercial agreements.

The country lacks a comprehensive framework in place that provides effective protection of trade secrets, but there are limited measures addressing some issues related to them. According to Art. 429.2 of the Penal Code (Law 151/2022), shall be punished by imprisonment for six months to two years or a fine of two hundred to five hundred quotas or both whoever, without due authorization, discloses, divulges, registers or exploits in the country or abroad, an undisclosed invention or information that should remain confidential and causes damages to its legitimate owner. Moreover, although private contracts may exist between the contracting party and the bidder, the possibility is left open that certain contracts may not be executed if they do not correspond to the priorities of the Cuban State.

Cuba has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.

Cuba has not signed the World Intellectual Property Organization (WIPO) Performances and Phonogram Treaty.

It has been reported that hundreds of thousands of Cuban households infringe copyright of online content by subscribing to a privately distributed weekly bundle of movies, shows, games and apps known as “El Paquete” (The Package) that circulates on memory sticks and hard drives. "El Paquete" comprises a one terabyte hard drive of the latest Hollywood movies, TV series and music compiled by hundreds of distributors and delivered to the home of the subscriber, who then has 24 hours to copy the information to their computer. It costs around 5 CUC (Cuban convertible peso) a week, which is roughly USD 6.50.