CubaGeneral Telecommunications Law, Network and Service Security Duties of Operators and Providers
Decreto-Ley No. 35 De las Telecomunicaciones las Tecnologías de la Información y la Comunicación y el Uso del Espectro Radioeléctrico, 2021, arts. 68 y 71, y Decreto No. 42 Reglamento General de Telecomunicaciones, art. 53(a), (d) y (e)
In force since .
A sector security regimes rule binding public and private bodies.
- Instrument type
- an act of a legislature
- Obligation class
- Security
As of .
What it requires
- This binds the operators and providers of public telecommunications/ICT services in Cuba, whether state or non-state, which the Ministry of Communications authorizes (reached by declaring that you provide telecommunications services).
- Apply the measures that guarantee the security of your infrastructure and services against attacks, and implement technological supervision and control measures that detect and manage security incidents (Decreto-Ley 35, article 68(a) and (b)).
- Identify your vulnerabilities and risks and develop and comply with security plans that reduce to a minimum the impact of incidents on your network and services (Decreto 42, article 53(a)).
- Apply the measures needed to counter any incident that affects your services and eliminate the vulnerabilities detected, whether by you or by the Ministry of Communications (Decreto 42, article 53(d)).
- When the Ministry of Communications requires it, give it the information needed to assess the security and integrity of your networks and services, including your internal security policy documents, and accept a security audit by a competent body (Decreto 42, article 53(e)).
- Meet the normative provisions the Ministry of Communications establishes for the security of networks and services (Decreto-Ley 35, article 71).
These lines are LexLint's reading of the law's text, as of .
Who enforces it
Enforcement body
The Ministry of Communications, which regulates and oversees the telecommunications/ICT operators and providers and issues the security provisions they must meet (Decreto-Ley 35, articles 71 and 124 to 126).
Settledness
- As of
- Open questions
- Which contravention of the General Telecommunications Regulation sanctions a failure to meet the security duties of article 53 of Decreto 42?
What this law does
Article 68 of Decreto-Ley 35 makes the operators and providers of public telecommunications/ICT services responsible for applying the measures that guarantee security and protection against attacks on the infrastructure and services. Article 68 makes them responsible for implementing technological supervision and control measures that guarantee the detection and management of security incidents.
Article 71 empowers the Ministry of Communications to establish the normative provisions that operators and providers must meet to guarantee the security of the networks and services. Article 53 of Decreto 42 requires operators and providers to identify vulnerabilities and risks and to develop and comply with security plans that minimize the impact of incidents on their network and services.
Article 53 of Decreto 42 requires operators and providers to apply the measures needed to counter any incident that affects the services and to eliminate the vulnerabilities detected. Article 53 of Decreto 42 requires operators and providers to give the Ministry of Communications, on request, the information needed to assess the security and integrity of their networks and services, and allows a security audit.
Article 124 of Decreto-Ley 35 makes natural and legal persons administratively liable for the infractions typified in the General Telecommunications Regulation. Decreto-Ley 35 enters into force on its publication in the Gaceta Oficial. The Gaceta Oficial that carries Decreto-Ley 35 is dated .
When LexLint raises it
When your app profile says your app provides telecom services.