According to Art. 145 of Decree No. 2-22-431 (which repeals Decrees No. 2-12-349 of 2013 and No. 2-19-69 of 24 May 2019 on government procurement), for contracts involving the design, development, and implementation of information systems, the special specifications require competitors not established in Morocco to involve Moroccan experts. This involvement must represent at least 20% of the experts mobilised for the contract's services, except in cases where such Moroccan experts are unavailable.

Morocco is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.

There are generally no foreign investment limitations in the Moroccan Investment Charter on foreign investment in areas relevant to the digital economy. Foreign investment limitations apply to sectors not relevant to digital trade. It is also reported that the Moroccan state has a discretionary right to limit all foreign majority stakes in the capital of large national banks but apparently that right has never been exercised.
According to the Framework Law No. 03-22 on the Investment Charter of 2022, which repealed the Investment Charter No. 18-95 of 1995, there are no foreign investment limitations in the areas relevant to the digital economy in Morocco. It is also reported that the Moroccan state has a discretionary right to limit all foreign majority stakes in the capital of large national banks but apparently that right has never been exercised.

Pursuant to Art. 15 of Law No. 88-13, every periodical publication, electronic journal or other electronic press medium must appoint a director of publication. Under Art. 16.1, the director of publication is required to be of Moroccan nationality and domiciled in Morocco. In addition, Art. 2 expressly recognises electronic newspapers as part of the press and publishing sector.

Art. 4 of Law No. 17-97 on the Protection of Industrial Property requires natural or legal persons who do not have a domicile or registered office in Morocco, and who do not operate an industrial or commercial establishment there, to elect an address for service with a representative domiciled or established in Morocco. This representative is responsible for carrying out, on their behalf, all acts before the industrial property office. Conversely, resident Moroccan nationals and foreigners habitually residing in Morocco, whether natural or legal persons, are free either to file applications for industrial property titles themselves or to act through a representative, at their discretion.

Morocco is a party to the Patent Cooperation Treaty (PCT).

Morocco has a copyright regime under the Copyright Act of 2014. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Art. 54 lists the exceptions, which include reproduction for scientific research purposes, reproduction as part of teaching activities, and reporting current events, among others.

It is reported that inadequate intellectual property protection and enforcement in Morocco continues to be an area of concern. Illicit streaming devices (ISDs), also referred to as piracy devices, continue to pose a direct threat to content creators, sports leagues and live performances. Moreover, illicit Internet Protocol television (IPTV) services unlawfully retransmit telecommunications signals and channels carrying copyrighted content via dedicated web portals and third-party applications. Stakeholders continue to report significant levels of piracy through ISDs and illicit IPTV applications in the country.

Morocco has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.

Morocco is a signatory of the World Trade Organization (WTO) Information Technology Agreement (ITA) of 1996, but is not a signatory of its 2015 expansion (ITA II).

Kuwait has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.

Under the Regulation on the Approval of Communication Device Types, Kuwait’s conformity assessment framework aligns with the European documentation model. Pursuant to Art. 4, telecommunications equipment may be imported and placed on the Kuwaiti market provided that it satisfies the prescribed technical requirements: it must not generate electromagnetic disturbances exceeding the specified threshold, nor emit electromagnetic energy at levels that cause electromagnetic interference (EMI) in adjacent devices. In addition, Art. 6 stipulates that compliance with European Union legislation, accompanied by the requisite conformity documentation and the CE marking, may suffice for the type approval process in Kuwait. Also, Art. 8 requires applicants to submit a Declaration of Conformity (DoC), confirming that the equipment meets the relevant technical standards. Nevertheless, the Authority retains the discretionary power to request samples of telecommunications equipment for testing and examination at any stage.

It is reported that all enterprises, irrespective of their scale, from large corporations to home-based start-ups, must possess either a valid online store licence or a registered commercial licence before engaging in online sales. In addition, partners, including payment gateway providers, are legally prohibited from providing services to businesses that do not hold such licences.

According to Resolution No. 45/471 of 2023, which promulgates the Instructions Regulating the Electronic Payment of Funds, E-Payment Service Providers (EPSPs) must register and obtain approval from the Commercial Bank of Kuwait (CBK) before commencing operations. The registry includes various minimum capital requirements based on the EPSP classification, which range from KWD 50,000 (approx. USD 162,000) to KWD 250,000 (approx. USD 810,000). These requirements were already mandated under the Resolution No. 44/430 of 2018 of the Central Bank of Kuwait, which has now been repealed by this new resolution.