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.

The government holds all the shares in Empresa de Telecomunicaciones de Cuba S.A. (ETECSA), the sole telecommunications operator in Cuba, responsible for the provision of fixed, mobile, data, and internet services. The "Unnumbered Agreement of 2011 of the Council of Ministers" announced that the government had acquired full ownership of the company. Prior to this, the private firm Telecom Italia held a 27% stake in ETECSA, which was purchased by the state‑owned enterprise Rafin S.A. Since that transaction, the telecommunications company has been entirely owned by six Cuban state entities.

Cuba does not mandate functional or accounting separation for operators with significant market power (SMP) in the telecom market.

Art. 25 of Decree-Law No. 35 establishes that "public telecommunications services have priority over private telecommunications services" explicitly imposing, within a legal framework, discrimination against foreign companies in favour of the state ones. The Cuban telecommunications framework is defined by the prohibition of private provision of internet and mobile services and by the concentration of control in the state-owned operator Empresa de Telecomunicaciones de Cuba S.A. (ETECSA), through which all internet access is channelled and whose subsidiary Cubacel serves as the sole mobile provider. This structure is legally reinforced by Art. 1 of Decree No. 124/2025, which grants ETECSA an administrative concession to provide public telecommunications services nationwide, while Art. 3 defines the scope of those services to include basic telephony, signal-carrying services, data transmission, and terrestrial mobile cellular telecommunications, and Art. 4.1 establishes an exclusivity period extending until 2036. In parallel, the Annex of Decree No. 107, specifically activities 65 and 66, prohibits private micro, small, and medium-sized enterprises, non-agricultural cooperatives, and self-employed workers from providing public internet access or related services.

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

Cuba does not have a telecommunications authority whose decision‑making processes are fully independent from the government. In fact, no separate telecommunications regulator exists. Art. 2 of Decree‑Law No. 308 of 2013 states that the Ministry of Communications is the body responsible for proposing, and once approved, directing and supervising State and governmental policy for the country’s unified communications system. This system includes telecommunications, information technology, radiocommunications, postal services, communications‑related automation, radio‑spectrum management, and the corresponding technical and support functions.

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.

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.

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.

Cuba is a party to the Patent Cooperation Treaty (PCT). However, the country does not consider itself bound by Art. 59 related to disputes.

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.

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.

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

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

Decree-Law No. 337 provides a framework for effective protection of trade secrets.