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
MOROCCO
Since March 2023, entry into force in September 2023
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Decree No. 2-22-431 of 15 Chaabane 1444 (Décret No. 2-22-431 du 15 chaabane 1444 relatif aux marchés publics)
Pursuant to Art. 149 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, contracts for works and for services other than studies must include a clause requiring the contractor to use local labour in the performance of the contracted services. The contract must specify the proportion of local labour to be employed, up to a maximum of 20% of the total labour required. For the purposes of this provision, “local labour” refers to workers residing in the municipality where the contract is executed or, where necessary, in the corresponding prefecture, province, or region.
Coverage Horizontal
MOROCCO
Since March 2023, entry into force in September 2023
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Decree No. 2-22-431 of 15 Chaabane 1444 (Décret No. 2-22-431 du 15 chaabane 1444 relatif aux marchés publics)
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.
Coverage Information systems
MOROCCO
N/A
Pillar Public procurement of ICT goods and online services |
Indicator Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Morocco is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.
Coverage Horizontal
MOROCCO
Since December 2022
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Framework Law No. 03-22 on Investment Charter (Loi‑cadre N. 03‑22 formant charte de l’investissement)
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.
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.
Coverage Horizontal
Sources
- https://web.archive.org/web/20250712011446/https://investmentpolicy.unctad.org/investment-policy-monitor/measures/4186/morocco-adopts-a-new-investment-charter
- https://web.archive.org/web/20230507123028/http://www.sgg.gov.ma/BO/FR/2873/2022/BO_7152_Fr.pdf
- https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/WT/TPR/S453R1.pdf&Open=True
- https://web.archive.org/web/20251009084201/https://www.state.gov/reports/2025-investment-climate-statements/morocco
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MOROCCO
Since August 2016, entry into force in August 2017
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Nationality/residency requirement for directors or managers
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)
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.
Coverage Online newspapers
Sources
- https://web.archive.org/web/20220119012211/https://www.wipo.int/edocs/lexdocs/laws/fr/ma/ma069fr.pdf
- https://web.archive.org/web/20251219160951/https://digitalpolicyalert.org/event/27316-law-no-88-13-on-the-press-and-publishing-including-content-moderation-regulation-entered-into-force-with-grace-per...
MOROCCO
Since February 2000, last amended in December 2013
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the application process for patents
Industrial Property Law No. 17-97 of February 2000, last amended by Law No. 31-05 of 14 February 2006 (Dahir No. 1-00-91 du 9 Kaada 1420 (15 février 2000) Portant Promulgation de la Loi No. 17-97 Relative à la Protection de la Propriété Industrielle)
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.
Coverage Horizontal
MOROCCO
Since October 1999
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Morocco is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
MOROCCO
Since February 2000, last amended in May 2022
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Law No. 2-00 on Copyright and Related Rights, 15 February 2000 (Loi No. 2-00 relative aux droits d'auteur et droits voisins (promulguée par Dahir No. 1-00-20 du 9 Kaada 1420 (15 février 2000), telle que modifié par la loi No. 34-05))
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.
Coverage Horizontal
Sources
