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.

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.

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.

According to Art. 110.1 (Chapter II ) of the Decree-Law No. 389 of 2019, the authorities can carry out electronic surveillance without prior judicial approval and use the information obtained in criminal cases.

Reports indicate that Internet access is exclusively provided by state-owned monopoly companies, granting the government unrestricted and unregulated legal authority to monitor the use of email, social media, online chat rooms, and web browsing by both citizens and foreigners. Furthermore, the government exercises strict oversight of access points, including Wi-Fi hotspots, cybercafés, and public access centres, in addition to maintaining direct control over the backbone internet infrastructure.

A basic legal framework on intermediary liability for copyright infringement is absent in Cuba's law and jurisprudence.

A basic legal framework on intermediary liability beyond copyright infringement is absent in Cuba's law and jurisprudence.

To access the Internet in Cuba, the user must go to one of the offices of the state-owned Empresa de Telecomunicaciones de Cuba S.A. and sign up for an account at Nauta, the Internet service network. Registration requires payment and presentation of an identity card. With this, the user creates an account with a password and obtains a rechargeable credit card to access the Internet at any point of entry with Wi-Fi.

Art. 60 of Decree-Law No. 360/2019 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 realised 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 the traces of use of the access credentials should be preserved for a period of no less than one year.

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.

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.

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.

Although Cuba does not have any licensing requirements that could be considered discriminatory, there are restrictions that discriminate against domestic 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 favour 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 centre 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.

The Ministry of Communications 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.