Morocco: Data Protection Laws of the World Handbook: Second Edition - Morocco

E-Commerce And Privacy Alert


Personal data protection is governed in Morocco by the Law n° 09-08 of 18 February 2009 relating to the protection of individuals with respect to the processing of personal data (the "Law") and by its implementation Decree n° 2-09-165 of 21 May 2009 ("Decree").


Personal data is defined by article 1.1 of the Law as any information of any nature and independently of its format, including the sound and images relating to an identified or identifiable individual, referred to in the Law as a "concerned individual." A person is deemed identifiable when he or she can be identified directly or indirectly, especially by reference to an identification number or one or several specific elements of his or her physical, physiological, genetic, psychical, economic, cultural or social identity.


Sensitive data is defined by article 1.3 of the Law as "any information pertaining to a "concerned individual" that reveals racial and ethnic origin, political, philosophical, religious opinions or trade union affiliation, or that concern sex life or health, including the genetic data.


Commission Nationale de Contrôle de la Protection des Données à Caractère Personnel ("CNDP") (in English "National Control Commission for the Protection of Personal Data")


The processing of personal data requires a prior notification to the CNDP.

The processing of sensitive data or of personal data that includes ID card numbers requires a prior authorization from the CNDP.

The prior notification or authorization application to the CNDP must specify, among other things:

  • the purpose(s) of the processing;
  • the identity and the address of the data controller (ie the natural or legal person who determines the purpose and the means of the processing of the personal data and either implements such decisions itself or engages a data processor to implement them);
  • the possible connections between databases;
  • the personal data processed and the categories of persons about whom personal data are processed;
  • the time period for which the data will be retained;
  • the department or person(s) in charge of implementing the data processing;
  • the recipients or categories of recipients of the personal data; and
  • the measures taken to ensure the security of the processing. Additional specific security measures are required when processing sensitive data.


No requirement to appoint a data protection officer.


Any personal data must be processed consistently with the following general principles;

  • all personal data must be processed fairly and lawfully;
  • all personal data must be collected for specific, explicit and legitimate purposes and be subsequently processed in accordance with these purposes for which they are collected; and
  • all personal data must be accurate, comprehensive and, when necessary, kept up to date.

The processing of personal data shall have received the individual's consent or shall fulfill one of the following conditions;

  • processing is required by law;
  • the purpose of the processing is to save the individual's life;
  • the purpose of the processing is to carry out a public service;
  • the processing relates to the performance of a contract to which the concerned individual is a party; or
  • the processing relates to achieving a legitimate interest of the data controller, balanced against the interests and fundamental rights and liberties of the concerned individual.

Where sensitive personal data are processed, a different list of specific conditions applies. Indeed, the concerned individual must give his/her express consent for this processing unless the processing meet one of the following conditions;

  • the processing is necessary for the exercise of legal or statutory functions of the controller;
  • the processing is necessary to protect the vital interests of the concerned individual, and that the concerned individual is in physically or legally incapable to give his/her consent;
  • the processing relates to data made public by the concerned individual; or
  • the processing regards the recognition, exercise or defense of legal claims and is done exclusively for this purpose.

The person from whom the personal data is collected must receive notice of:

  • the identity of the data controller and, if applicable, the data processor;
  • the purposes of the data processing; the recipients or categories of recipients of the data; and
  • the right to object, for a legitimate reason, to the collection of such data, the right to access the collected data and the right to have the processed data rectified.


The transfer of a data subject's personal data to another country is allowed if the country provides a sufficient level of protection in relation to an individuals' private life and fundamental rights and liberties. The sufficient nature of the protection is evaluated with regards to national laws and applicable security measures.

Data controllers may transfer personal data out of Morocco to countries that are not deemed to offer adequate protection if the transfer is necessary:

  • to safeguarding the individual's life;
  • to safeguarding the public interest;
  • to comply with obligations relating to the recognition, exercise or defence of a legal right;
  • to the consultation of a public register intended to inform the public;
  • to the performance of a contract between the data controller and the individual, or precontractual measures undertaken at the individual's request; and
  • to the conclusion or the performance of a contract in the interest of the individual, between the data controller and a third party.


The entity processing the data must take all reasonable precautions with regard to the nature of the data and the risk presented by the processing, in order to preserve the security of the data and, among other things, to prevent third parties' gaining unauthorised access to such data. Where sensitive data are processed, the law sets forth specific security requirements that must be followed.

A data processor may only process personal data based upon the instructions of the data controller. The data processor must provide sufficient guarantees in terms of security and confidentiality. However, the data controller remains liable for the processor's compliance with these obligations.


The Law does not set out any obligation to notify the CNDP or the concerned individual in the event of a data security breach.


The CNDP is responsible for enforcing the Law.

Violations of the obligations set forth in the Law are punishable as an administrative and/or criminal offence.

Article 50 to 64 of the Law makes it a violation for any person intentionally to:

  • fail to notify or seek CNDP's authorization for data processing;
  • provide false information in the notification or in the applications for authorization for the processing of personal data;
  • misappropriate or uses personal data in a manner incompatible with the purpose of the collection;
  • promote or carry an illegal collection of personal data; or
  • fail to comply with the obligations set forth in the Law or the Decree.

The above offences are punishable by a fine ranging from MAD 10,000 (approx. US$1,200) to MAD 600,000 (approx. US$72,000) and/or imprisonment from three months to four years.

In addition, where the offender is a legal entity, it may be subject to the following penalties:

  • partial seizure of its material goods;
  • seizure of objects and things whose production, use, carrying, holding or selling is an offense; and
  • closure of the entity's premises where the offense was committed.


Article 10 of the Law provides that advertising/promotion via any electronic means (eg email, fax, SMS) is forbidden if the recipient has not affirmatively consented to it. However advertising and promotion are allowed when the data were collected directly from the recipient.

Unsolicited emails can only be sent without consent if:

  • The contact details were provided in the course of a sale;
  • The marketing relates to a similar product; and
  • The recipient was given a method to opt-out of the use of their contact details for marketing when they were collected.

In addition, the Law also prohibits the use of automated calling systems without the consent of the recipient.

Direct marketing emails may not disguise or conceal the identity of the sender. SMS marketing is also likely to be included within this prohibition on email marketing.

The restrictions on marketing by email only apply to email marketing sent to individuals and not to email marketing sent to corporations.


The Law does not specifically address the collection of location and traffic data by public electronic communications services providers, or the use of cookies (or similar technologies).

© DLA Piper

This publication is intended as a general overview and discussion of the subjects dealt with. It is not intended to be, and should not used as, a substitute for taking legal advice in any specific situation. DLA Piper Australia will accept no responsibility for any actions taken or not taken on the basis of this publication.

DLA Piper Australia is part of DLA Piper, a global law firm, operating through various separate and distinct legal entities. For further information, please refer to

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Practice Guides
by Mondaq Advice Centres
Relevancy Powered by MondaqAI
Related Topics
Related Articles
Up-coming Events Search
Font Size:
Mondaq on Twitter
Mondaq Free Registration
Gain access to Mondaq global archive of over 375,000 articles covering 200 countries with a personalised News Alert and automatic login on this device.
Mondaq News Alert (some suggested topics and region)
Select Topics
Registration (please scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of

To Use you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions