In recent years, the Republic of Cuba has embarked on an ambitious journey of “digital transformation” (informalización de la sociedad). Central to this evolution is the legal recognition of electronic signatures. While once a gray area governed by broad principles, the legal framework for e-signatures in Cuba has matured significantly, particularly with the introduction of Decree-Law 370 and subsequent resolutions. This article explores the current state of e-signature validity, the distinction between simple and advanced signatures, and the specific limitations imposed by the Cuban legal system.
Legal Framework
The legality of e-signatures in Cuba is not found in a single “E-Sign Act” but is distributed across several key pieces of legislation and administrative resolutions.
A. Decree-Law No. 370/2018 (“On the Digitization of Society in Cuba”)
This is the foundational pillar. It establishes the general framework for the use of Information and Communication Technologies (ICTs). Article 31 specifically recognizes the validity of electronic documents and electronic signatures, granting them the same legal weight as handwritten signatures, provided they meet specific technical and security requirements.
B. Decree No. 13/2020
This decree regulates the specific use of “Advanced Electronic Signatures” and the infrastructure of Public Key Cryptography (PKI) in Cuba. It establishes the Ministry of the Interior (MININT) and the Ministry of Communications (MINCOM) as the primary regulatory bodies for certifying authorities.
C. Resolution 182/2020 (Ministry of Communications)
This resolution provides the technical standards for the “Infrastructure of Public Keys” (PKI). It defines the requirements for Certification Service Providers (PSCs), ensuring that digital certificates issued within the island are interoperable and secure.
D. The Civil Code and Code of Civil Procedure
While older, these codes have been interpreted alongside newer decrees to allow for the introduction of electronic evidence in judicial proceedings.
Types of Electronic Signatures in Cuba
Cuban law distinguishes between two primary categories of signatures, which determine their evidentiary weight in court:
1. Simple Electronic Signature (Firma Electrónica Simple): This includes data in electronic form attached to or logically associated with other electronic data, used by the signatory to sign (e.g., a scanned image of a handwritten signature or a “click-to-accept” button). While legally recognized, its reliability is lower and can be more easily challenged in court.
2. Advanced Electronic Signature (Firma Electrónica Avanzada): This is the gold standard in Cuba. To be “Advanced,” the signature must:
- i. Be uniquely linked to the signatory.
- ii. Allow the identification of the signatory.
- iii. Be created using means that the signatory can maintain under their sole control.
- iv. Be linked to the data in such a manner that any subsequent change to the data is detectable.
Documents That Can Be Signed Electronically
The scope of e-signature application in Cuba has expanded rapidly, particularly in the B2B (Business-to-Business) and G2C (Government-to-Citizen) sectors.
A. Commercial Contracts
Most commercial agreements between state-owned enterprises (OSDEs), cooperatives (CNA), and the newly emerged private SMEs (MSMEs/MIPYMES) can be executed via e-signature. This includes:
- i. Supply contracts.
- ii. Service level agreements (SLAs).
- iii. Purchase orders and invoices.
B. Labor Documents
Employment contracts and internal corporate policies can increasingly be managed through electronic means, provided the employee has access to the necessary digital tools.
C. Administrative Procedures
Citizens can use digital signatures for various procedures within the “Portal del Ciudadano” (Citizen’s Portal), including applications for licenses, permits, and certain tax filings with the ONAT (National Tax Administration Office).
D. Banking and Finance
With the push for “bancarización” (banking integration), electronic signatures are used for opening certain types of accounts and authorizing electronic transfers through platforms like Transfermóvil and Enzona.
Documents That Cannot Be Signed Electronically
Despite the progress, the “traditional” legal culture in Cuba remains strong, and certain documents still require physical presence and a wet-ink signature before a notary or official.
A. Real Estate Transfers
The sale, donation, or mortgage of real estate (viviendas) must be executed in a public deed (escritura pública) before a Notary Public. Currently, the final protocolization requires physical signatures.
B. Family Law Matters
Documents related to the status of persons often require physical signatures, including:
- i. Marriage contracts and divorce settlements.
- ii. Adoption papers.
- iii. Recognition of children.
C. Last Will and Testaments
The solemnity required for a will in Cuba necessitates the physical presence of the testator and witnesses before a notary, with a handwritten signature to ensure the absence of coercion.
D. Acts Requiring “Fe Pública” (Public Faith)
Any act where the Notary must personally certify the identity and capacity of the parties in a specific physical context generally remains outside the scope of pure e-signature execution, although digital signatures are starting to be used by the notaries themselves to sign the digital copies of these records.
Notable Changes in the Laws (2020–2024)
The last four years have seen more legal movement regarding e-signatures than the previous two decades:
1. The Rise of MIPYMES (2021): The legalization of private Small and Medium Enterprises led to a massive demand for rapid contracting. The government responded by streamlining the issuance of digital certificates to private entrepreneurs.
2. Creation of “Firma SA”: The establishment of specialized entities like Firma SA (under the Specialized Information Services Company – SEI) has commercialized the issuance of digital certificates for both legal entities and individuals.
3. Integration with Ficha Única del Ciudadano: The digital signature is now being integrated with the national identity database, allowing for a “Single Citizen File” that uses the e-signature as a primary authentication method for government services.
4. Bancarización Decree (2023): This recent push for a cashless economy has legally mandated that many transactions between legal entities must be electronic, implicitly making the use of digital signatures a logistical necessity for business operations in Cuba.
Challenges and Practical Considerations
While the law supports e-signatures, practical hurdles remain:
i. Infrastructure: Frequent power outages and internet connectivity issues can hinder the “sole control” requirement of advanced signatures.
ii. Technological Literacy: There is a significant gap in the understanding of PKI technology among the general population.
iii. Certifying Authorities: While the law allows for multiple providers, the market is currently dominated by state-affiliated entities, which may raise questions regarding international interoperability.
References
1. Gaceta Oficial de la República de Cuba. Decreto-Ley No. 370 “Sobre la Informatización de la Sociedad en Cuba”. (2018).
2. Gaceta Oficial de la República de Cuba. Decreto No. 13 “Reglamento del Sistema de Certificación para el Uso de la Firma Electrónica Avanzada”. (2020).
3. Ministerio de Comunicaciones (MINCOM). Resolución 182/2020: Normas Técnicas para la Infraestructura de Llave Pública.
4. Ley No. 59 “Código Civil de Cuba”.
