MOROCCO
Reported in 2024
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 3 in Morocco for the year 2024. This corresponds to "Rarely but there have been a few occasions throughout the year when the government shut down domestic access to Internet."
Coverage Horizontal
MOROCCO
Since January 2005, last amended in June 2021
Pillar Content access |
Indicator Restrictions on online advertising
Decree No. 1-04-257 of 7 January 2005 Promulgating Law No. 77-03 Relating to Audiovisual Communication (Dahir No.1-04-257 du 25 kaâda 1425 (7 janvier 2005) portant promulgation de la Loi No. 77-03 relative à la communication audiovisuelle)
According to Art. 65 of Law No. 77-03, advertisements must be broadcast in Arabic, Amazigh or Moroccan dialects if they are intended for the Moroccan public. The use of other languages is, among other reasons, authorised if the communication of the said commercials in Arabic, Amazigh or Moroccan dialects proves to be difficult due to the specific technical concepts involved. It is not clear whether the law applies to online content.
Coverage Advertising sector
MOROCCO
Since August 2016
Pillar Content access |
Indicator Licensing schemes for digital services and applications
Law No. 88-13 relating to the press and publishing promulgated by Decree No. 1-16-122 of 10 August 2016 (Dahir No. 1-16-122 du 6 kaada 1437 (10 août 2016) portant promulgation de la Loi No. 88-13 relative à la presse et à l'édition)
The Press Code, published in August 2016, imposes licensing requirements for online media and mandates the registration of journalists. A director of an electronic media outlet is required to hold a press card, which is a form of certification that was previously not required for an online outlet. It is reported that it took seven months for directors of two French-language online news sites, Yabiladi and Le Desk, to receive their press cards in 2018.
To obtain press cards and benefit from state financial support, Arts. 34 and 35 of the Press Code require online news portals to acquire two types of authorisations from two different bodies, and are valid for one year at a time:
- authorisation from the Moroccan Cinema Center (CCM) to produce video content; and
- authorisation from the Telecommunications Authority (ANRT) to host domain names under "press.ma.".
To obtain press cards and benefit from state financial support, Arts. 34 and 35 of the Press Code require online news portals to acquire two types of authorisations from two different bodies, and are valid for one year at a time:
- authorisation from the Moroccan Cinema Center (CCM) to produce video content; and
- authorisation from the Telecommunications Authority (ANRT) to host domain names under "press.ma.".
Coverage Online media
Sources
- https://web.archive.org/web/20230929100013/https://privacyinternational.org/state-privacy/1007/state-privacy-morocco
- https://web.archive.org/web/20220119012211/https://www.wipo.int/edocs/lexdocs/laws/fr/ma/ma069fr.pdf
- https://web.archive.org/web/20250722144702/https://freedomhouse.org/country/morocco/freedom-net/2024
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MOROCCO
N/A
Pillar Telecom infrastructure & competition |
Indicator Presence of an independent telecom authority
Presence of independent telecom authority
It is reported that the National Agency of Telecommunications Regulation (ANRT), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.
Coverage Telecommunications sector
MOROCCO
Since July 2020
Since July 2021, entry into force in August 2022
Since July 2021, entry into force in August 2022
Pillar Cross-border data policies |
Indicator Ban to transfer and local processing requirement
Law No. 05-20 on Cybersecurity (Loi N° 05-20 relative à la cybersécurité)
Decree No. 2-21-406 of 4 Hija 1442 (15 July 2021) Issued for the Application of Law No. 05-20 on Cybersecurity (Décret N° 2-21-406 du 4 hija 1442 (15 juillet 2021) pris pour l'application de la loi N° 05-20 relative à la cybersécurité)
Decree No. 2-21-406 of 4 Hija 1442 (15 July 2021) Issued for the Application of Law No. 05-20 on Cybersecurity (Décret N° 2-21-406 du 4 hija 1442 (15 juillet 2021) pris pour l'application de la loi N° 05-20 relative à la cybersécurité)
Art. 11 of the Law on Cybersecurity stipulates that sensitive data processed by entities or operators of infrastructure of critical importance must be stored exclusively within the national territory, and therefore it cannot be hosted on cloud systems. Sensitive data includes information whose compromise in terms of confidentiality, integrity, or availability would adversely affect an entity or infrastructure of critical importance, defined as installations, facilities, and systems essential for maintaining vital societal functions, including health, safety, security, and economic or social well-being. The disruption, unavailability, or destruction of these would result in the failure of these functions.
In addition, Art. 34 of Decree No. 2-21-406, which implements Law No. 05-20, mandates that sensitive data pertaining to cybersecurity services, such as the monitoring, analysis, and management of cybersecurity incidents, must also be stored exclusively within the territory of Morocco.
In addition, Art. 34 of Decree No. 2-21-406, which implements Law No. 05-20, mandates that sensitive data pertaining to cybersecurity services, such as the monitoring, analysis, and management of cybersecurity incidents, must also be stored exclusively within the territory of Morocco.
Coverage Critical infrastructure and cybersecurity services
Sources
- https://web.archive.org/web/20250515004333/https://www.dgssi.gov.ma/sites/default/files/legislative/brochure/2024-07/law%2005-20%20in%20french.pdf
- https://web.archive.org/web/20250819023659/https://www.dgssi.gov.ma/sites/default/files/legislative/brochure/2024-07/Decree%202-21-406-in%20french.pdf
- https://web.archive.org/web/20250819023914/https://digitalpolicyalert.org/digest/dpa-digital-digest-morocco
- https://www.dataguidance.com/notes/morocco-data-transfers
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MOROCCO
Since February 2024
Pillar Cross-border data policies |
Indicator Ban to transfer and local processing requirement
ANRT Decision/DG/No.02/2024 of 24 Rajab 1445 (5 February 2024) on the modalities of administrative, technical, and commercial management of internet domain names under the responsibility of the ANRT (Décision ANRT/DG/N°02/2024 du 24 Rejeb 1445 (05 février 2024) relative aux modalités de gestion administrative, technique et commerciale des noms de domaine Internet dont la gestion relève de l’ANRT)
Art. 16 of ANRT Decision/DG/No.02/2024 stipulates that any entity intending to provide domain name services must operate a secure Domain Name System (DNS) infrastructure comprising at least two servers, one of which must be physically located within Morocco.
Coverage Domain name services providers
Sources
- https://web.archive.org/web/20250819010436/https://www.anrt.ma/sites/default/files/2024-06/decision_02-2024_-_ndd_fr_.pdf?csrt=11756597565866418969
- https://web.archive.org/web/20250819010700/https://digitalpolicyalert.org/event/28938-implementation-of-national-telecommunications-regulatory-agency-order-on-management-of-internet-domain-names
MOROCCO
Since February 2009
Pillar Cross-border data policies |
Indicator Conditional flow regime
Law No. 09-08 on the Protection of Individuals with Regard to the Processing of Personal Data (Loi No. 09-08 Relative à la Protection des Personnes Physiques à l'égard du Traitement des Données à Caractère Personnel)
According to Art. 43 of Law No. 09-08 on the Protection of Individuals with Regard to the Processing of Personal Data, the transfer of personal data to a foreign country is only allowed if the country offers an adequate level of protection of the privacy and fundamental rights and freedoms of individuals. In the Decision No. 236-2015 of 18 December 2015, the Moroccan data protection authority (CNDP) recognised the following countries as offering an adequate level of data protection: Austria, Belgium, Bulgaria, Canada, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, and the United Kingdom.
The transfer of personal data to a country that does not provide an adequate level of data protection is only allowed subject to certain conditions, including the express consent of the data subject or if the transfer is necessary to safeguard the data subject's life, to safeguard the public interest, to comply with judicial obligations, for the performance of a contract between the controller and the data subject or pre-contractual measures taken at the request of the latter. Personal data may also be transferred if the transfer is carried out pursuant to a bilateral or multilateral agreement to which Morocco is a party, or with the express and reasoned authorisation of the CNDP when the personal data processing guarantees a sufficient level of protection of privacy and the fundamental rights and freedoms of individuals, in particular, because of the contractual clauses or internal rules to which it is subject.
The transfer of personal data to a country that does not provide an adequate level of data protection is only allowed subject to certain conditions, including the express consent of the data subject or if the transfer is necessary to safeguard the data subject's life, to safeguard the public interest, to comply with judicial obligations, for the performance of a contract between the controller and the data subject or pre-contractual measures taken at the request of the latter. Personal data may also be transferred if the transfer is carried out pursuant to a bilateral or multilateral agreement to which Morocco is a party, or with the express and reasoned authorisation of the CNDP when the personal data processing guarantees a sufficient level of protection of privacy and the fundamental rights and freedoms of individuals, in particular, because of the contractual clauses or internal rules to which it is subject.
Coverage Horizontal
MOROCCO
N/A
Pillar Cross-border data policies |
Indicator Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreements with binding commitments on data flows
Morocco has not joined any agreement with binding commitments to open transfers of data across borders.
Coverage Horizontal
MOROCCO
Since February 2009
Pillar Domestic data policies |
Indicator Framework for data protection
Law No. 09-08 on the Protection of Individuals with Regard to the Processing of Personal Data (Loi No. 09-08 Relative à la Protection des Personnes Physiques à l'égard du Traitement des Données à Caractère Personnel)
Law No. 09-08 on the Protection of Individuals with Regard to the Processing of Personal Data and its implementation Decree No. 2-09-165 of 21 May 2009 provides a comprehensive regime of data protection in Morocco.
Coverage Horizontal
MOROCCO
Since April 2007, last amended in September 2021
Pillar Domestic data policies |
Indicator Minimum period for data retention
Decree No. 1-07-79 of April 17, 2007 Promulgating Law No. 43-05 Relating to the Fight Against Money Laundering (Dahir No. 1-07-79 du 28 Rabii I 1428 (17 Avril 2007) Portant Promulgation de la Loi No.43-05 Relative à la Lutte Contre le Blanchiment de Capitaux.)
According to Art. 7 of Law No. 43-05 relating to the fight against money laundering, institutions in finance and insurance services are obliged to keep the documents relating to the transactions carried out by their clients, as well as documents relating to the identity of their customers for 10 years.
Coverage Financial and insurance services
Sources
- https://web.archive.org/web/20230521170800/https://www.imolin.org/doc/amlid/Morocco/Marocco_Loi_n_43-05_relative_a_la_lutte_contre_le_blanchiment_de_capitaux_2007.pdf
- https://web.archive.org/web/20240610052009/https://www.oc.gov.ma/sites/default/files/CM%20LBC%20FT/Loi%2043-05%20actualis%C3%A9e%20et%20consolid%C3%A9e.pdf
- https://web.archive.org/web/20251009150422/https://www.bkam.ma/Supervision-bancaire/Controle-micro-prudentiel/Integrite-financiere/Cadre-legal-et-reglementaire
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MOROCCO
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Lack of regulatory framework covering trade secrets
Morocco lacks a comprehensive regime for the protection of trade secrets.
Coverage Horizontal
MOROCCO
Since August 1997
Since February 1998, as amended in July 2005
Since February 1998, as amended in July 2005
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Decree No. 1-97-162 of 7 August 1997 Promulgating Law No. 24-96 on Postal and Telecommunications Services (Dahir No. 1-197-162 du 2 rabii Il 1418 (7 août 1997) portant promulgation de la Loi No. 24-96 relative à la poste et aux télécommunications)
Decree No. 2-97-1026 on the General Conditions for Operating Public Telecommunications Networks (Décret n° 2-97-1026 relatif aux conditions générales d'exploitation des réseaux publics de télécommunications)
Decree No. 2-97-1026 on the General Conditions for Operating Public Telecommunications Networks (Décret n° 2-97-1026 relatif aux conditions générales d'exploitation des réseaux publics de télécommunications)
In accordance with Art. 22bis of Law No. 24-96 on Postal and Telecommunications Services, public telecommunications network operators are required to comply with requests from any other public telecommunications network operator to share their infrastructure, in order to allow the installation and/or operation of telecommunications equipment, provided that such sharing does not interfere with public use. The infrastructure concerned includes engineering structures, ducts and pipelines, high points and telecommunications lines owned by legal persons governed by public law, public service concessionaires and public telecommunications network operators. Decree No. 2-97-1026 on the General Conditions for Operating Public Telecommunications Networks further details the procedures governing such infrastructure sharing.
Coverage Telecommunications sector
Sources
- https://www.anrt.ma/sites/default/files/2022-03/loi_24-96_version_consolidee_finale_fr_0.pdf?csrt=16333153513656608590
- https://web.archive.org/web/20241006062013/https://www.anrt.ma/sites/default/files/2022-02/decret_1026_version.consolide.pdf
- https://web.archive.org/web/20240626180620/https://www.fratel.org/documents/2011/12/200906-Slalmi-ANRT-Maroc.pdf
- https://datahub.itu.int/data/?i=100014&e=
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MOROCCO
Reported in 2019, last reported in 2024
Pillar Telecom infrastructure & competition |
Indicator Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
The State retains ownership stakes in all three main operators in the telecommunications sector: Maroc Telecom, Orange Maroc and Inwi. Maroc Telecom is 53% owned by Etisalat, with the Moroccan State holding a 22% share. Orange Maroc is 49% owned by the Orange Group, while the remaining 51% is divided equally between the state-owned Caisse de Dépôt et de Gestion (CDG) and O Capital Group (25.5% each). Inwi (Wana Corporate) is majority-owned by Al Mada (formerly Société Nationale d’Investissement), which holds 69% of its capital, with the remaining 31% held by Kuwait’s Zain Group and the Al Ajial Investment Fund. The three operators together account for a market share of approx. 61%, 36% and 3%, respectively.
Coverage Telecommunications sector
Sources
- https://www.reuters.com/business/media-telecom/maroc-telecom-appoints-former-finance-minister-chair-2025-02-25/
- https://web.archive.org/web/20230201193621/https://corporate.orange.ma/A-propos-d-Orange-Maroc/Gouvernance/Actionnariat/Actionnariat
- https://tracxn.com/d/companies/inwi/__HvHIeOkjn5d8B1xUCezfOgS66-JuIiYpDn_C_uec-zw
- https://web.archive.org/web/20240502181832/https://www.wto.org/english/tratop_e/tpr_e/s453_e.pdf
- https://web.archive.org/web/20211222112613/https://www.ifc.org/wps/wcm/connect/d0c0f18c-26b7-4861-b4c5-14896aaba7f1/201910-cpsd-morocco-en.pdf?MOD=AJPERES&CVID=m-LGA3X
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MOROCCO
N/A
Pillar Telecom infrastructure & competition |
Indicator Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
It is reported that Morocco does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, there is an obligation of accounting separation.
Coverage Telecommunications sector
MOROCCO
Since December 2000
Pillar Telecom infrastructure & competition |
Indicator Signature of the WTO Telecom Reference Paper
WTO Telecom Reference Paper
Morocco has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
