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MOROCCO

Since February 2014

Pillar Intermediary liability  |  Sub-pillar User identity requirement
Telecommunications Authority (ANRT) decision of 11 February 2014 on the identification of mobile subscribers: New measures
Under the 2014 decision by the Telecommunications Authority (ANRT), purchasers of SIM cards must register their names and national identity numbers with telecommunications operators.
Coverage Telecommunications sector

MOROCCO

Since February 2006

Pillar Intermediary liability  |  Sub-pillar Safe harbour for intermediaries for copyright infringement
Law No. 34‐05 amending and supplementing Law No. 2‐00 on Copyright and Related Rights (promulgated by Decree No. 1‐05‐192 of February 14, 2006)
Morocco has a safe harbour regime in place for intermediaries for copyright infringements (Law No. 34-05). A service provider is defined according to Part IV-bis as an operator of facilities for online services or for access to networks with no alteration of the content between the points specified by the user and of his choice. Under Law 34-05, a service provider is not liable for information transmitted or stored on its network if it does not modify the content of the material, or does not directly enjoy financial gain attributable to the activity of infringing copyright or related rights, under circumstances in which it has the right and ability to control that activity. However, a service provider is expected to act without delay to withdraw the material hosted on its system or network or to disable access to that material on becoming aware of an infringement of copyright or related rights, or of facts or circumstances that indicate that copyright or related rights have been infringed, as a result of formal notice of allegations of infringement of copyright.
Coverage Internet intermediaries

MOROCCO

N/A

Pillar Intermediary liability  |  Sub-pillar Safe harbour for intermediaries for any activity other than copyright infringement
Lack of intermediary liability framework in place beyond copyright infringements
A basic legal framework on intermediary liability beyond copyright infringement is absent in Morocco's law and jurisprudence.
Coverage Internet intermediaries

MOROCCO

Since January 2005

Pillar Domestic data policies  |  Sub-pillar Minimum period for data retention
Decree No. 1-04-257 of January 7, 2005 Promulgating Law No 77-03 Relating to Audiovisual Communication
Art. 64 of Law No. 77-03 Relating to Audiovisual Communication mandates audiovisual operators to record each audiovisual program in its entirety and keep it for at least one year. In the event that the said program or one of its elements is the subject of a right of reply or a complaint concerning compliance with the laws and regulations in force, the recording shall be kept for as long as it is likely to serve as evidence. It is reported that it is not clear whether the law applies to online content.
Coverage Audiovisual communication services

MOROCCO

Since December 2020

Pillar Domestic data policies  |  Sub-pillar Requirement to perform an impact assessment (DPIA) or have a data protection officer (DPO)
Decision No. D-188-2020 governing the data protection impact assessment of December 14, 2020
Decision No. D-188-2020 governing the data protection impact assessment requires the data controllers or processors to carry out DPIAs when necessary, and to present the Data Protection Impact Assessments (DPIA) to the data protection authority (CNDP) in the event of a control. Situations that warrant DPIA relate mainly to processing operations presumed to involve a risk of breaching the protection of privacy and personal data, which fall into one or more of the following categories:
- Processing which violates the provisions of Art. 11 of the Law, regarding the neutrality of effects and which allow decisions to be taken on the basis of automated processing of personal data;
- Large scale processing of sensitive data which, according to Article 1 of the Law, reveal racial or ethnic origin, political opinions, political opinions, religious or philosophical convictions, or the data subject's union membership, or relating to his/her health, including his/her genetic data;
- Processing operations which allow systematic surveillance of the data subjects; and
- Processing carried out in the context of the use of innovative technological or organisational solutions.
Coverage Horizontal

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.
Coverage Horizontal

MOROCCO

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar 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 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 & 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 & 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

MOROCCO

N/A

Pillar Telecom infrastructure & 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 & 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

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