Database

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CUBA

Since March 2019, entry into force in July 2019

Pillar Domestic data policies  |  Indicator Minimum period for data retention
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)
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 traces of the use of the access credentials should be preserved for a period of at least one year.
Coverage Horizontal

CUBA

Since June 2019, amended in October 2020

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Resolution No. 132/2019 (Resolución No. 132/2019)
Under operative paragraphs First, Third, Sixth, Seventh and Eleventh, together with Arts. 2(a), 3, 14 and 20 of the Regulation approved by Resolution No. 132/2019, imports of the telecommunications and ICT equipment listed in Annexes I and II require Technical Authorisation from the Ministry of Communications, which must be presented to Customs. Importers must apply to UPTCER at least 30 days before the goods arrive, and the authority has ten working days to issue the authorisation. This requirement applies separately from conformity assessment and type approval, as even previously approved equipment requires Technical Authorisation for its importation. Annex I covers, inter alia, telephones, base stations, switches, routers, modems, radio links, wireless access points, transmitters, professional radio receivers and satellite equipment. Resolution No. 110/2020 exempts specified printers, computers, data-processing and storage equipment, parts, static converters, monitors and projectors from the Technical Authorisation requirement, while the listed telecommunications and network equipment remains subject to it.
Coverage Information and communications technology equipment

CUBA

Since April 2021, entry into force in August 2021

Pillar Domestic data policies  |  Indicator Requirement to allow the government to access personal data collected
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)
Art. 18 of Decree-Law No. 35/2021 obliges telecommunications and ICT operators or providers to supply the Ministry of Communications with whatever information it considers necessary to fulfil its functions, and to provide the institutions responsible for national security, defence and public order, namely the ministries of the Revolutionary Armed Forces and of the Interior and the National Civil Defence Staff, with the technical facilities and services they may require. Art. 68 further requires such operators and providers to ensure that their operating systems, equipment and devices, including those they intend to import or manufacture, offer the facilities required for technical supervision and control and for the lawful interception of communications by the competent authorities in accordance with statutory provisions, as well as the sovereign use of methods and means for securing systems and services. Art. 128 additionally mandates that legal and natural persons subject to inspection in the telecommunications or ICT sphere or in the use of the radio spectrum must cooperate with supervisory officials by providing requested books, records, documents and access to equipment installations, and by permitting examination of all elements related to the services or activities they conduct and any relevant data or background information in their possession, without prejudice to constitutionally recognised rights. None of these provisions requires a judicial warrant or court order.
Coverage Telecommunications and ICT companies

CUBA

N/A

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for copyright infringement
Lack of intermediary liability framework in place for copyright infringements
A basic legal framework on intermediary liability for copyright infringement is absent in Cuba's law and jurisprudence.
Coverage Internet intermediaries

CUBA

N/A

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Lack of intermediary liability framework in place beyond copyright infringements
A basic legal framework on intermediary liability beyond copyright infringement is absent in Cuba's law and jurisprudence.
Coverage Internet intermediaries

CUBA

Reported in 2022, last reported in 2024

Pillar Intermediary liability  |  Indicator User identity requirement
Reported user identification rules
It is reported that access to web access points such as Wi‑Fi hotspots, cybercafés and public access centres requires users to register with their personal identification information.
Coverage Horizontal

CUBA

Since March 2019, entry into force in July 2019

Pillar Intermediary liability  |  Indicator User identity 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)
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.
Coverage Telecommunications sector

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.
Coverage Internet intermediaries

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.
Coverage Messaging apps

CUBA

Reported in 2026

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 2025. 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

N/A

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Maximum foreign equity share
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 December 2018, 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)
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

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