MOROCCO
Since April 2007
Pillar Domestic Data policies |
Sub-pillar 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
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
MOROCCO
N/A
Pillar Cross-border data policies |
Sub-pillar 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 |
Sub-pillar Framework for data protection
Law No. 09-08 on the Protection of Individuals with Regard to the Processing of Personal Data of February 23rd 2009
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 provide a comprehensive regime of data protection in Morocco.
Coverage Horizontal
MOROCCO
Since February 2009
Pillar Cross-border data policies |
Sub-pillar Conditional flow regime
Law No. 09-08 on the Protection of Individuals with Regard to the Processing of Personal Data of February 23rd 2009
According to Art. 43 of the 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 the 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 authorization of the CNDP when the personal data processing guarantees a sufficient level of protection of privacy and of 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 the 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 authorization of the CNDP when the personal data processing guarantees a sufficient level of protection of privacy and of 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 Telecom infrastructure and competition |
Sub-pillar Presence of 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 March 2016
Pillar Cross-border data policies |
Sub-pillar Ban to transfer and local processing requirement
Decree No. 2-15-712 on the Protection of Sensitive Information Systems and Infrastructures of Vital Importance
According to Art. 9 of Decree No. 2-15-712, companies and organisations operating in sectors of vital importance and using data deemed sensitive must host their infrastructure and digital databases on Moroccan territory. The concerned entities are defined as those that undertake activities related to the production or distribution of "goods and services essential to the satisfaction of the basic needs for the life of the populations or to the maintenance of the security capacities of the country". It is reported that a detailed list of sensitive infrastructure is kept secret by the government and its content reviewed at least once a year.
Coverage Critical infrastructure
MOROCCO
Since December 2000
Pillar Telecom infrastructure and competition |
Sub-pillar 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
Reported in 2019, 2020 and 2022
Pillar Telecom infrastructure and competition |
Sub-pillar Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
The government has stakes in all three telecom operators, including 22% in Maroc Telecom, and 25.5% in Orange through a state-owned company called Caisse de Dépôt et Gestion (CDG). The third operator, Inwi, is 69% owned by Al Mada (formerly the Société Nationale d'Investissement (SNI)), the royal family’s holding company. The three telecom firms control a market share of 61%, 36%, and 3%, respectively.
Coverage Telecommunications sector
Sources
- https://www.iam.ma/Lists/TelechargementFinance/Attachments/1451/Maroc_Telecom_Rapport_Financier_2022.pdf
- https://corporate.orange.ma/A-propos-d-Orange-Maroc/Gouvernance/Actionnariat/Actionnariat
- https://www.reuters.com/article/us-morocco-telecoms-idUSKBN20E31C
- https://www.ifc.org/wps/wcm/connect/17d935af-349c-4c6f-93f5-5d85f0c16e39/201910-CPSD-Morocco-FR.pdf?MOD=AJPERES&CVID=n48yfDT
- https://www.ifc.org/wps/wcm/connect/d0c0f18c-26b7-4861-b4c5-14896aaba7f1/201910-CPSD-Morocco-EN.pdf?MOD=AJPERES&CVID=m-LGA3X
- Show more...
MOROCCO
N/A
Pillar Telecom infrastructure and competition |
Sub-pillar 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
N/A
Pillar Telecom infrastructure and competition |
Sub-pillar Passive infrastructure sharing obligation
Requirement of passive infrastructure sharing
It is reported that there is an obligation for passive infrastructure sharing in Morocco to deliver telecom services to end users. It is practiced in the mobile sector and in the fixed sector based on commercial agreements.
Coverage Telecommunications sector
MOROCCO
Since February 2000
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Effective protection covering trade secrets
Law No. 2-00 on Copyright and Related Rights, February 2000, last amended and supplemented by Law No. 34-05 (promulgated by Decree No. 1-05-192 of February 14, 2006)
Morocco does not have a comprehensive framework in place that provides effective protection of trade secrets, but there are limited measures addressing some issues related to trade secrets. According to Art. 3 of Law No. 2-00 on Copyright and Related Rights, protected literary and artistic works include computer programs. A “computer program” is defined in Chapter I of the Law as a series of instructions expressed in words, codes, diagrams, or any other form which, once they are incorporated in a carrier that can be deciphered by a machine, are able to accomplish a particular task or obtain a specific result, using a computer or an electronic method able to process the information.
Coverage Horizontal
MOROCCO
Since July 2011
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Signature of the WIPO Performances and Phonogram Treaty
WIPO Performances and Phonograms Treaty
Morocco has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
MOROCCO
Reported in 2018 and 2021
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Enforcement of copyright online
Inadequate enforcement of copyright online
It is reported that the rate of unlicensed software installation in the country was 64% in 2017 (above the 56% rate of the Middle Eastern and African countries), for an estimated commercial value of USD 52 million. Concerns about weak copyright enforcement in Morocco are also raised in more recent reports, which cite the country as a thriving market for counterfeit and pirated goods, particularly unlicensed software. This is despite Arts. 61-65 of Law No. 2-00 on Copyright and Related Rights last amended and supplemented by Law No. 34-05 of 2006 are devoted to punitive measures against piracy and other copyright offenses, and Morocco signed the Anti-Counterfeiting Trade Agreement (ACTA), which aims at raising the standard for intellectual property rights enforcement internationally.
Coverage Software
MOROCCO
Since July 2011
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Signature of the WIPO Copyright Treaty
WIPO Copyright Treaty
Morocco has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
MOROCCO
Since February 2000
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Copyright law with clear exceptions
Law No. 2-00 on Copyright and Related Rights, February 15, 2000
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; reporting current events; among others.
Coverage Horizontal