Database

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CUBA

N/A

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Cuba has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal

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

Since June 2019

Pillar Content access  |  Indicator Licensing schemes for digital services and applications
Decree-Law No. 370/2018 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 2019

Pillar Content access  |  Indicator Licensing schemes for digital services and applications
Resolution No. 127/2019 (GOC‑2019‑554‑O45) - Regulation of Public Providers of Internet Hosting and Housing Services (Resolución No. 127/2019 (GOC-2019-554-O45) - Reglamento del Proveedor de Servicios Públicos de Alojamiento y de Hospedaje en el Entorno Internet)
Resolution No. 127/2019 establishes the regulations governing the organisation, operation, and issuance of operating licences for providers of public internet hosting services in the national territory. Art. 5 provides that the licence is granted by the "Unidad Presupuestada Técnica de Control del Espectro Radioeléctrico del Ministerio de Comunicaciones" (UPTCER).
Coverage Public web hosting

CUBA

N/A

Pillar Cross-border data policies  |  Indicator Participation in trade agreements committing to open cross-border data flows
Lack of binding commitments to open data transfers
Cuba has not joined any agreement with binding commitments to open transfers of data across borders.
Coverage Horizontal

CUBA

Since July 2019

Pillar Content access  |  Indicator Licensing schemes for digital services and applications
Resolution No. 125/2019 on the Registration System for Computer Programmes and Applications (Resolución No. 125/2019 sobre el Sistema de Inscripción de Programas y Aplicaciones Informáticas)
According to Resolution No. 125/2019, the country requires computer programs and applications to be registered before commercialisation. This is managed through a registration system that covers domestically developed and imported products, as well as the natural and legal persons responsible for their development or commercialisation.
Under Arts. 2, 3 and 5, registration must be completed through the Technical Budgetary Unit for Radio Spectrum Management of the Ministry of Communications (UPTCER) before the product is placed on the market.
Registration remains valid for five years and must be renewed within 45 days preceding its expiry. Under Art. 10, failure to renew results in cancellation of the registration and prohibits further commercialisation of the program or application. Art. 11 confirms that the same obligations apply to foreign developers and commercialisers.
Coverage Computer programs and applications

CUBA

Since August 2022, entry into force in February 2023

Pillar Domestic data policies  |  Indicator Framework for data protection
Law No. 149/2022 on Personal Data Protection (Ley No. 149/2022 de Protección de Datos Personales)
Law No. 149/2022 on Personal Data Protection establishes a comprehensive framework for the regulation of personal data in Cuba. While the Law does not create a dedicated data protection authority, it assigns responsibility for ensuring compliance to the Ministry of Justice (MINJUS).
Coverage Horizontal

CUBA

Since July 2021

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Resolution No. 144/2021 (Resolución No. 144/2021)
Under operative paragraphs Second, Fifth and Seventh of Resolution No. 144/2021, entities authorised to export or import goods, services or both must register in the National Registry of Exporters and Importers within 30 working days of the legal instrument granting such authority. The authorising certificate records the entity’s authorised activity and, where applicable, the nomenclature of products it is authorised to export, import or both. The Registry is expressly classified as a central registry of permits and licences.
In addition, foreign exporters seeking to supply the Cuban market must reportedly register as authorised suppliers with the relevant Cuban purchasing agency before that agency may formally request or accept quotations from them. It is reported that this separate supplier-registration procedure is time-consuming and bureaucratic, normally taking three to four months and requiring company documents to be translated into Spanish, authenticated by a Cuban embassy and, in some cases, legalised or notarised in Cuba or the exporter’s home country. Although registration itself is free, exporters incur translation and authentication costs, and the registration expires after two years without business activity, requiring the procedure to begin again.
Coverage Import activities

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