D2 2 2 national ict regulatory report morocco v1.2_final

D2.2.2 National ICT Regulatory frameworks Reports
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Project:
ClusMED
(Contract Number 611187)
“Reinforcement of ICT Regulations and ICTs for tackling
Societal Challenges links and Mediterranean Countries”
Funding Scheme: CSA (Supporting)
Theme: ICT-2013-10
Start date of project: 01 January 2014 Duration: 24 month
D 2.2.2
National ICT regulatory frameworks
Report
Kingdom of Morocco
Issued by: MNC
Issue date: 29 August 2014
Due date: 31 August 2014
Work Package Leader: IJMA3

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Deliverable: National ICT Regulatory frameworks Report - Morocco
Grant Agreement number: 611187
Project acronym: CLUSMED
Project title: Reinforcement of ICT Regulations and ICTs for tackling
Societal Challenges links and Mediterranean Countries
Funding Scheme: Support Action
Project Starting Date: 1. 1. 2014
Project Co-ordinator
Name: Mrs. Diassina Di Maggio
Organisation: APRE - Agenzia per la Promozione della Ricerca Europea
Tel: + 39 06 48 93 99 93
Fax: +39 06 48 90 25 50
E-mail: Dimaggio@apre.it
Project website address: www.clusmed.eu
EC Scientific Officer: Mr. Jean-Yves Roger
Changes
Version Date Comment Authors
1.1 01/08/2014 First draft of D 2.2.2
MNC -
Zineb Cherkani Hassani;
Mokhtar Tazi
USMBA-
Najiba El Amrani;
Abdelhamid AKHRIF;
Noureddine TOUJGANI.
1.2 26/08/2014
Contribution from Project Steering Committee APRE
1.3 29/08/2014
Final version of D 2.2.2 MNC - USMBA
© 2014 ClusMED
Reproduction only with written consent by the coordinator. This publication reflects only the author’s views –
the Community is not liable for any use that may be made of the information contained therein.

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Table of Contents
1. EXECUTIVE SUMMARY..................................................................................................................... 4
2. Methodology Used.......................................................................................................................... 5
3. Analysis and Synthesis of the collected data by sector:.................................................................. 6
3.1 Health, Demographic Change and Wellbeing............................................................................... 6
3.2 Food security, sustainable agriculture, marine and maritime research & the Bioeconomy ........ 6
3.3 Secure, Clean and Efficient Energy................................................................................................ 6
3.4 Smart, Green and Integrated Transport........................................................................................ 6
3.5 Climate Action, Environment, Resource Efficiency and Raw Materials ........................................ 6
3.6 Europe in a changing world - Innovative, inclusive and reflective societies................................. 7
3.7 SECURITY: Secure societies – Protecting freedom and security of Europe and its citizen......... 14
3.8 Horizontal Issues ......................................................................................................................... 16
4. Country Conclusion ....................................................................................................................... 18
Annex A: List of ICT Regulations in Morocco..................................................................................... 20

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1. EXECUTIVE SUMMARY
The development of the ICT sector in Morocco has begun since the launch of the liberalization and
privatization of the telecommunications sector in 1999 and continued with the implementation of
several strategies. The last one is the national strategy for the development of the digital economy
"1
Digital Morocco 2013". This has accelerated the development of telecommunications
infrastructure, motivated by the evolution of new technologies and services and the growing
importance of telecommunications for the national economy.
In order to adapt to these new developments, Morocco has been undertaking a review of its existing
framework, enacting new legislation and enlarging the responsibilities of the national regulatory
authority (ANRT: National Agency for Regulation of Telecommunications) and giving it more
autonomy and flexibility through structural and financial independence and functionality. Several
bills were introduced recently to the Moroccan Parliament in order to enable the regulator (ANRT)
gain credibility and have the authority to enact and enforce its decisions. This will allow the ANRT to
strengthen public and investor confidence that all market players will be treated equally, and
increase the stability and objectivity of the regulatory process.
Based on analysis of legal and regulatory frameworks in Morocco, this study serves as a mapping of
the legal, institutional and regulatory framework in ICT sector in Morocco. The importance of
conducting this study is evidenced by the significance of the legal and regulatory framework as an
enabler of development of the sector. Effective regulation requires the implementation of a
supporting legal and regulatory framework to create an environment that promotes public
confidence and ensures stability, transparency, competition, investment, innovation, and growth in
the sector. Our findings of the analysis of the Moroccan regulatory framework show that Morocco
has been putting significant efforts in order to develop regulations in mainly 4 sectors:
eGovernment, eInclusion, eEducation and eSecurity. The progress demonstrated in these sectors has
been achieved mainly through the implement of the national strategy “Digital Morocco 2013”.
1
Digital Morocco 2013, French version:
http://www.egov.ma/sites/default/files/Maroc%20Numeric%202013.pdf

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2. Methodology Used
The methodology used to produce this report was through a 2 steps process: firstly, we have
conducted a desk research that has enabled us to understand the regulatory and institutional
framework of the ICT sector in Morocco. Then after analyzing and structuring the collected
information we started the second phase which consists on arranging meetings with stakeholders
and conducting interviews in order to complete and validate the information collected. At the end,
the findings from the desk research and the face-to- face meetings were merged to end up with a
single finding. In addition in order to facilitate and support the mapping of ICT Regulations in support
of Societal Challenges the sectors/areas identified at national level have been integrated into the
Horizon2020 structure regarding the seven Societal Challenges2
plus an horizontal area (sectors not
covered by the H2020 societal challenges):
- Health, Demographic Change and Wellbeing
- Food Security, Sustainable Agriculture and Forestry, Marine, Maritime and Inland Water
Research and the Bioeconomy
- Secure, Clean and Efficient Energy
- Smart, Green and Integrated Transport
- Climate Action, Environment, Resource Efficiency and Raw Materials
- Europe in a changing world - Inclusive, innovative and reflective societies (e-Learning, e-
Education, E-Government, e-skills)
- Secure societies – Protecting freedom and security of Europe and its citizens
- Horizontal issues (such as Open Source Software, Freedom of Information, Privacy, and
Affordability, and other).
2 2
http://ec.europa.eu/research/participants/data/ref/h2020/legal_basis/sp/h2020-sp_en.pdf

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3. Analysis and Synthesis of the collected data by sector:
3.1 Health, Demographic Change and Wellbeing
No regulations. The digitization of the health sector in Morocco wasn’t approached within the
previous national digital agenda “Digital Morocco 2013”. Some private initiatives has been
undertaken in order to enforce the development of the sector but unfortunately due to the absence
of a central authority in charge of this issue, the implementation of these private initiatives couldn’t
be achieved.
3.2 Food security, sustainable agriculture, marine and maritime research &
the Bioeconomy
No regulations. Due to the national Strategy “Green Morocco”, 3
some private initiatives have been
implemented to help raise the competitiveness of the sector, though there are still no standardized
practices or official regulations for the usage of ICT in the sector.
3.3 Secure, Clean and Efficient Energy
No regulations.
3.4 Smart, Green and Integrated Transport
No regulations.
3.5 Climate Action, Environment, Resource Efficiency and Raw Materials
No regulations.
3
“Green Morocco Plan”, in French “Plan Maroc Vert” http://www.fao.org/fileadmin/user_upload/FAO-
countries/Maroc/plan_maroc_vert.pdf

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3.6 Europe in a changing world - Innovative, inclusive and reflective societies
INCLUSION:
Since its liberalization in 1998 by the law 24-96, the Moroccan ICT sector has known a radical change
concerning legislative and regulatory rules to ensure fair competition between all operators of public
telecommunications networks and provide a minimum service of specified quality at affordable
prices. It impacted the whole national territory and all layers of the population, market size and
services offer has been greatly improved.
In order to make available and accessible telecommunication services to the entire population,
regardless of its geographic location, the Moroccan legislator has ensured, through law 24-96 and its
implementing texts as amended and completed, the principle of universal service. It consist on
imposing to all telecommunications operators to provide or finance the costs of universal service
missions.
Content of the universal service
The furniture of universal service of ICT is now based on the following elements:
- Enlargement of the scope of the universal service, initially limited to a basic telephone
service, to enclose a telecommunications service including a telephone service either fixed or
mobile, missions of space planning and value-added services, including Internet access;
- Establishment of an interministerial committee called the "steering Committee of the
Universal Telecommunication Service (CGSUT)" primarily responsible of definition and
validation of programs to implement universal service to cover all locations with no
telecommunications services, called "white areas" or those poorly served;
- Creation by the Finance Act 2005, of a fund in the form of special account called the
"Universal Telecommunication Service Fund" (FSUT) for receiving financial contributions by
the telecommunication operators and for financing universal service programs approved by
the CGSUT, by awarding financial grants to operators responsible for carrying out such
programs;
- Definition and clarification of the specific rules for implementing the universal service
obligations by operators of public telecommunications networks, particularly in establishing
the principle of "pay or play" , "fund or carry out", which gives the choice to the operator,
either to achieve universal service projects, or pay the contribution they are due to the FSUT
for each year.
The expansion of the scope of the universal service was made necessary by the increase of use of
certain mobile and Internet services, and the willingness to put our country in the global information
society and knowledge. The scope has been extended to following aspects:

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- A telecommunication service, including telephone service based on a specified quality at
affordable prices;
- Mandatory services, including the routing of emergency calls, providing an information
service and a telephone directory in printed or electronic form;
- Services related to space planning, which are now an integral part of the missions of
universal service. These services are no longer limited to a fixed conception of traditional
goals of serving the national territory with "telephone boxes", as they now include the
service coverage for the peripheral urban areas, industrial areas and rural areas by means of
telecommunications ;
- The value-added services, including services for Internet access.
Universal service Steering Committee in charge of the Universal Service (CGSUT)
In order to efficiently manage the universal service and make it part of a coherent and integrated
government strategy, an inter-ministerial committee responsible for the management of the
universal service (CGSUT) was established.
This Committee, chaired by the Head of Government is composed of the following members:
 The government authority responsible for the interior;
 The government authority responsible for the planning;
 The government authority responsible for finance;
 The Government Telecommunications Authority;
 The government authority responsible for national defense
 Chairman of the Management Committee of the ANRT;
 The Director General of the ANRT.
ANRT (National Agency for Telecommunications Regulations) is the permanent secretariat of this
committee.
This Committee is responsible for:
 Defining the main objectives and priorities for the development of universal service. These
priorities are expressed, especially in terms of services and facilities to be provided and / or
area to be served;
 Identifying the annual and / or multi-year programs for the implementation of universal
service in the country and in accordance with the priorities he has learned;
 Suggesting, for each call up the contents of the universal service in accordance with the
provisions of Law 55-01 amending and supplementing Law 24-96 as above;

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 Approving the draft specifications for competitive bidding for the achievement of universal
service programs adopted by the Committee.
Funding of universal service obligations
The universal service funding is provided by the FSUT fund established for this purpose by the
Finance Act 2005. This Fund is endowed by contributions from telecommunication operators up to
2% of their turnover excluding tax, net of interconnection fees, sales of terminals and of the payouts
for value-added services suppliers.
The fund may also receive any contribution in the form of donations and bequests allocated by
international organizations or in the development programs of universal telecommunications service.
The revenues of FSUT funds are intended to finance programs and projects approved by the universal
service CGSUT.
Mechanisms for carrying out the missions of the universal service.
The mechanism of "pay or play" chosen by the Moroccan legislator, offers to the existing operators
two possibilities: to participate in carrying out the tasks of universal service. The operator can
contribute to the missions and costs of universal service either by making financial contributions to
the universal service fund, or by implementing the universal service programs approved by CGSUT .
The operator who chose to achieve by themselves the tasks of universal service, may submit to the
appreciation of CGSUT, their proposals for universal service programs. In the case where these
programs are approved by the CGSUT, the operator will carry out these programs under the
conditions set by the committee and according to particular scope statement.
Regarding the programs defined by the CGSUT, a call for competition is organized. This call for
competition, to which both existing operators and new entrants may participate, is intended to
choose the operator which will be in charge of carrying out those programs, based on the best
technical and pricing offer and in consideration of the lower financial contribution requested.
Universal Service projects for the deployment of the covering network
Since its creation in July 2005, CGSUT has approved several universal telecommunication service
projects conducted by existing telecommunication operators. These projects aim to cover digital
divided rural localities/rural villages with required telecommunications infrastructure and services.
EDUCATION:

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Within the scope of the national strategy “Digital Morocco 2013”; Many efforts were made by the
public authority for the widespread use of ICT in public schools, university training and research to
improve the quality of their offerings. In this regard, it should be remembered that several programs
are funded by the state, the main ones being:
 INJAZ program which aims to equip students involved in 5 years-study courses with laptops
and 3G internet connection.
 Nafid@ program which has helped equip teachers in public institutions with computer
(desktop or laptop) and internet connections.
 The GENIE program aims to equip all public schools (primary and secondary) with multimedia
resources and internet connection. It has allowed the implementation of the national portal
for the integration of ICT in education (www.taalimtice.ma).
 E-SUP Program: It is a program of widespread use of ICT in higher education. It will allow
universities to acquire suitable for the integration of ICT.
http://www.anrt.ma/missions/service-universel/acces-aux-ti
 U-NET Program: It aims to provide universities and university cities of Wifi networks.
 SIE Program: Its objective is the digitization of public institutions and structuring of data in a
single database.
 Community Access Centres (CAC) to ICT: creation of 400 Community Access Centers (CAC)
ICT. The first phase involves the creation of 100 CAC at Youth Homes under the Ministry of
Youth and Sports. http://www.anrt.ma/missions/service-universel/acces-aux-ti

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Governmental Services:
The national strategy “Digital Morocco 2013” has undertaken a special attention to the development
of the e-government. it launched innovative online public services such as watiqa.ma, e-consulate,
social statement, payment of taxes, entrepreneurship, the commercial register, claiming portal,
online appointments, the port information and one-stop shop system, etc... While the national
strategy forecasted the launch of 89 public services, only 30 thirty services emerged.
Governance system of the e-government sector:
• E-government has a governance system based on six structures:
- The Inter-ministerial committee for e-Government: (abbreviation CIGOV), chaired by the
Minister for Industry, Trade and Investment of the digital economy. This committee is
responsible for setting the course and assessing the achievement of the objectives of e-
government programs;
- E-government steering structures (SPGOV) within each ministry and public institutions
involved in e-government projects. These are structures responsible for driving the
implementation of e-government projects within their organizations;
- E-government Program Steering committee (DPGOV), attached to CIGOV. This structure,
consisting of internal and external expertise, is responsible for assisting the CIGOV and
SPGOV in the implementation of e-government program. According to the Prime Ministry
Circular No 17/2009 of 21 October 2009.
- National Telecommunications Regulatory Agency (ANRT), created in 1997: national
regulatory authority responsible for drafting and implementing laws relating to the
telecommunications industry, particularly concerning licensing, pricing, compliance and fair
competition.
- CNDP: National Control Commission for the Protection of Personal Data was created by Law
No. 09-08 of 18 February 2009 on the protection of individuals with regard to the processing
of personal data.
- Moroccan center for warnings and management of IT incidents (MA-CERT)
Governmental portals
• National Portal of the Kingdom of Morocco www.maroc.gov.ma
• Moroccan Portal of public services: www.service-public.ma
•National Portal for public data of the Moroccan administration www.data.gov.ma
• Moroccan Observatory of ICT: www.omtic.gov.ma
• E-Government Program www.egov.ma
• Electronic Participation Portal www.fikra.egov.ma
 Decree No. 2.08.444
Establishment of the National ICT Council chaired by the head of government.

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 Decree No. 2-02-350
Decree No. 2-02-350 of 17 July 2002
Approving the single form of entrepreneurship.
 Decree No. 2-08-310
Decree No. 2-08-310 of 23/10/2008
Establishing the biometric passport.
 Law No. 37.99
Related to vital
 Law No. 35-06
Establishing national electronic identity card.
 Decree No. 2-08-229
Establishing a procedure for publication of draft legislation and regulations.
 Decree No. 2-12-349
Decree No. 2-12-349 of 20-03-2013
Related to Government Procurement.
E-Government services:
- Request of criminal record (Ministry of Justice and Liberties)
http://casierjudiciaire.justice.gov.ma/
- Electronic National Identity Card (NIEC) (Ministry of Interior)
http://www.cnie.ma/Pages/Accueil.aspx
- e-Consulate (Ministry of Foreign Affairs and Cooperation)
http://www.consulat.ma/
- Information and booking travel products system in Morocco (Moroccan National Office of
Tourism)
www.watiqa.ma
- e-intermediation in the labor market (National Agency for the Promotion of Employment and
Skills)
http://www.anapec.org/
- Management of public and private pensions (Collective Retirement Allowance Plan)
https://www.rcar.ma/
- Monitoring portal repayments (Social Welfare body)
http://www.cnops.org.ma/
- Automated Customs Basis networking
http://badr.douane.gov.ma/Acceuil.html
- Online Public and academic libraries (National Library of the Kingdom of Morocco)

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http://www.bnrm.ma/
- E-Justice portal (Ministry of Justice and Liberties)
http://adala.justice.gov.ma/
- Consumer portal (Ministry of Industry, Trade, Investment and the Digital Economy)
http://www.khidmat-almostahlik.ma/
- Web portal of the Ministry of Solidarity, Women, Family and Social Development (Ministry of
Solidarity, Women, Family and Social Development)
http://www.social.gov.ma/
- Online publication of vacancies in the civil service (Ministry of Public Service and Administration
Modernization)
http://www.emploi-public.ma/
- Online Claims:
o ADII. Administration of Customs and Excise
http://www.douane.gov.ma/
o METL. Ministry of Housing, Planning and Urban Policy
http://e-reclamation.mhupv.gov.ma/
o MCRPSC. Department of Relations with Parliament and civil society,e,
http://reclamation.mcrpsc.gov.ma/
- Terminal consultation rights in the courts (Ministry of Justice and Liberties)
- Repository of business and ICT skills online (Ministry of Employment / Department of Vocational
Training)
- Driver's license and vehicle registration (Ministry of Equipment and Transport)
www.assiqacard.ma/
- Portal Maroc.ma administration (Ministry of Communication)
http://www.maroc.ma/
- The biometric passport (Ministry of Interior)
www.passeport.ma
ICT services for SMEs:
The national strategy “Digital Morocco 2013” has included also special programs for widespread
access and use of ICT for SMEs, which account for over 90% of national industrial base. Starting from
the conviction that ICT can improve the performance and possibly the competitiveness of SMEs, the
government has adopted several programs, including:
 “IT Moussanada Program": Computerization of SMEs, which aims to support the
computerization of SMEs and subsidiaries with high stakes in GDP by financing to 70% of
their investment in business solutions.
 "Infitah Program ": Awareness Program about ICT benefits for managers of small
enterprises.

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 Mobilization Program for prime contractors to support SMEs / suppliers in the
dematerialization of commercial documents which has allowed the development of
digitization standards and the achievement of a paperless platform to support 300 SMEs in
the pilot phase.
 “IT Rawaj Program”, which aims to equip by 2014 up to 1000 local shops with a pack
consisting of hardware and software trade.
3.7 SECURITY: Secure societies – Protecting freedom and security of
Europe and its citizen
Maybe here can be added a short summary on what framework have been found? If I’m not wrong
the same information on the contents of laws are already mentioned in the Annex A?
Law No. 09-08
Law No. 09-08 on the protection of individuals regarding to the processing of personal data. The
objective of the law 08-09 is to provide the Moroccan justice system a legal instrument for the
protection of individuals against the abuse of the data likely to affect their private life, and harmonize
national system of protection of personal to those of its partners as defined by the European
authorities’. From Moroccan standpoint it aims also to develop offshoring of activities where
personal data of foreign citizen is involved (call centers industry for instance).
Decree No. 2-09-165
Decree No. 2-09-165 of 21 May 2009. Made for the implementation of Law No. 09-08 on the
protection of individuals regarding to the processing of personal data.
Law No. 07-03
This law supplements the Criminal Code concerning the punishment of offenses relating to systems
of automated data processing. It allows individuals to select any unauthorized intrusion into an
automated data processing.
Electronic exchange of legal information:
Law No. 53-05:
Law No. 53-05 on the electronic exchange of legal information.
This law establishes the legal framework applicable to data exchanged electronically (cryptography)
and electronic signature. Moreover it determines the application applied to transactions by service
providers of electronic certification, also legal framework and rules to abide by them and by the
holders of electronic certificates. In addition, the Act establishes a national authority for the approval
and monitoring of electronic certification.

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Decree No. 2-08-518:
Made for the purposes of Articles 13, 14, 15, 21 and 23 of Law 53-05 on the electronic exchange of
legal data.
Electronic Certification and Cryptography
Decree No. 151-10
Decree No. 151-10 of the Ministry of Industry, Trade, Investment and New Technologies.
Fixing the form of an advance import declaration, export, supply, operation or use of resources or
benefits cryptography and the contents of the accompanying.
Decree No. 152-10
Fixing the form of the request for an import, export, supply, operation or use of resources or benefits
cryptography and the contents of the accompanying authorization
Decree No. 153-10
Related to the approval of persons who don’t have the approval’s providers of electronic certification
and who intend to provide cryptographic services subject to authorization.
Decree No. 154-10
Fixing the application’s form for approval as a provider of services of certification and approving the
model specifications accompanying.
Online Consumer protection
Law n°31-08
Related to consumer protection, currently being adopted and which contains provisions concerning
distance selling particularly when performed by electronically and online advertising and the
prohibition of unsolicited advertising via e-mail (spamming ).
Order No. 649-07

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Order No. 649-07 dated 4 May 2007 of the Minister Delegate to the Head of Government in charge
of Economy. Fixing the procedures for advertising and consumer information on telecommunications
services.
Security of Information Systems
Charter for the Security of Information Systems of public institutions:
This charter provides a general frame to ensure security for the usage and manipulation of
information systems of public institutions. (Confidential, produced by the CI-GOV).
3.8 Horizontal Issues
 Decree No. 2-08-444
Decree No. 2-08-444 of 25 Jumada I 1430 (May 21, 2009) for the establishment of a National Council
for information technology and the digital economy.
ICT infrastructure
 Law 24.96:
Law No. 24-96 on the Post and telecommunications amended and supplemented by: Law No. 79-99
of 20 June 2001, Act No. 55-01 of 4 November 2004, Law No. 29-06 of April 17, 2007, law No. 59-10,
law n° 93-12.
The purpose of this law is to define the legal framework specifying the new landscape for post and
telecommunications, including the Telecommunications networks that can be operated by holders of
a license which is granted by a decree according to the Article 66 of the National Constitution,
knowing that the state sets Page 3 of 50 general guidelines for the postal and telecommunications
sector, and the competent governmental authority shall ensure their compliance and application.
As far is the installation of ICT equipment is concerned, there are other laws that affect the
functioning of the telecoms operators.
 Law No. 12-90 on the urban planning
This law and the following ones serve as a blueprint for urban planning and regulate land usage by
operators.
 Law No. 25.90
 Law No 104.12

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 Law No. 23.12
 Order of 12 August 1997
 Law No 104.12
 Law No. 23.12
 Order of 12 August 1997
 Decree No. 2-97-1025
Decree No. 2-97-1025 of 25 February 1998 as amended and supplemented by Decree No. 2-05-770
Related to interconnection of telecommunications networks
 Decree No. 2-97-1026
Decree No. 2-97-1026 of 25 February 1998.
Related to general operating conditions of public telecommunications networks.
 Decree No. 2-97-1027
Decree No. 2-97-1027 of 25 February 1998
It concerns the conditions of providing an open network.
 Decree No. 2-97-813
Decree No. 2-97-813 of 25 February 1998.
It concerns the applying of the provisions of Law No. 24-96 on the post and telecommunications
regarding the ANRT.
 Decree No. 2-05-772
Decree No. 2-05-772 of 13 July 2005
Related to the proceedings before the ART litigation, anti-competitive practices and economic
concentrations.
Audiovisual Communications:
 Law No. 03-77
Related to audiovisual communications.
Copyright and neighboring rights
 Dahir No. 1-00-20
Dahir No. 1-00-20 of 15 February 2000 promulgating the Law No. 2-00
 Decree No. 2-64-406
Decree No. 2-64-406 of March 8, 1965

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Industrial & Commercial Property
 Law No. 17-97
Law No. 17-97 of 15 February 2000 on the Protection of Industrial Property; amended by Act No. 31-
05 of 14 February 2006.
Industrial and Commercial Property in Morocco is governed by Law 17/97, which is in force since 18
December 2004. This law, consistent with WTO agreements (particularly TRIPS) has raised the
standards in Morocco in international trade law on industrial property. Recently, the Law 17/97 was
supplemented and amended to be consistent with global reforms in terms of industrial property and
free trade agreements signed by Morocco. This Act introduced new provisions such as the system
marks Opposition, border measures to suspected counterfeit goods, and the National Register of
geographical indications and appellations of origin. Other laws or dahirs can also intervene in
industrial property, as the law 2/00 on Copyright and Related Rights and the Law 9/94 on plant
varieties.
 Decree No. 2-00-368
Decree No. 2-00-368 of 7 June 2004
Made for the implementation of Law No. 17-97 on the Protection of Industrial Property.
4. Country Conclusion
In conclusion, our efforts to map moroccan regulations in the ICT sector targeted mainly sectors in
which we found existing regulations. Concerning the other sectors such as: Health, Transport, Food &
Agriculture, Energy, Climate; there is no heavy ICT usage yet, and no much regulation produced at
the time being.
Our interviews targeted both the public and the private sector. While the national regulatory
framework is still suffering from a lag, the government is making considerable efforts to produce the
necessary policies, decisions and laws. As for the private sector (such as APEBI or CGEM), we found
that they were intensively involved in developing the national ICT strategy.
In one hand, the strengths of the Moroccan case is that the government is instituting a legal arsenal
to international standards. It manages to create a good business climate to attract foreign
investment, including off-shoring and global businesses, telecommunications environment ....). In the
same time it enables to enhance protection of citizen’s privacy and prevent cyber-criminal activities.
On the other hand, not all areas are covered and goals were partially achieved. Moreover, ICT is
continuously evolving and thus regulation need also to follow this evolution.
We have also to mention that there are many ongoing projects led by the department of digital
economy of the Ministry of Industry, Trade, Investment and Digital Economy. A new national digital

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agenda will be probably announced soon which may bring new ICT regulations both for the public
and private sector.

MOROCCO - 29/08/2014
ClusMED 611187
20
Annex A: List of ICT Regulations in Morocco

MOROCCO - 29/08/2014
ClusMED 611187
21
Country
Sector/Area
identified at
Country
level
Sector/Area identified
at Country level
Organization/
Stakeholder
Website Reg # Reg title
Type (Regulation/ Project/
initiative)
Summary Date Web Link for Regu-lation or Regulation
E-security Ministry of justice http://www.justice.
gov.ma/
Law No. 07-03
Law
This law supplements the Criminal Code concerning the punishment of
offenses relating to systems of automated data processing. It allows
individuals to select any unauthorized intrusion into an automated
data processing
http://www.mcinet.gov.ma/EconomieN
umerique/TechnologiesInformation/Pa
ges/Confiancenum%C3%A9rique.aspx
National Center for
Protection of Personal
Data
http://www.cndp.m
a/
Law No. 53-05 on the electronic exchange of
legal information
Law This law establishes the legal regime applicable to data exchanged
electronically (cryptography) and electronic signature. Morover it
determines the application applied to transactions by service
providers of electronic certification, also legal framework and rules to
abide by them and by the holders of electronic certificates. In addition,
the Act establishes a national authority for the approval and
monitoring of electronic certification.
umerique/TechnologiesInformation/Do
cuments/L53-
05_Echange_Electronique_Donn%C3%A
9es_Juridiques.pdf
National Center for
Data
http://www.cndp.m
a/
Decree No. 2-08-518 electronic exchange of legal data. Decree Made for the purposes of Articles 13, 14, 15, 21 and 23 of Law 53-05 on
the electronic exchange of legal data.
cuments/D2-08-518_loi%2053-05.pdf
Ministry of Industry,
Trade, Investment and
New Technologies
http://www.mcinet.
gov.ma/
Decree No. 151-10 Decree Fixing the form of an advance import declaration, export, supply,
operation or use of resources or benefits cryptography and the
contents of the accompanying
cuments/A_151-
10_Declaration_Cryptographie_Fr.pdf
New Technologies
http://www.mcinet.
gov.ma/
Decree No. 152-10 Decree Fixing the form of the request for an import, export, supply, operation
or use of resources or benefits cryptography and the contents of the
accompanying authorization
cuments/A_152-
10_Autorisation_Cryptographie.pdf
New Technologies
http://www.mcinet.
gov.ma/
Decree No. 153-10 electronic certification Decree Related tothe approval of persons who don’t have the approval’s
providers of electronic certification and who intend to provide
cryptographic services subject to authorization
cuments/A_153-
10_Prestataires_Service_Cryptographi
e.pdf
New Technologies
http://www.mcinet.
gov.ma/
Decree No. 154-10 electronic certification Decree fixing the application’s form for approval as a provider of services of
certification and approving the model specifications accompanying
cuments/A154-
10_Agrement_Certification.pdf
National Center for
Data
http://www.cndp.m
a/
Law No. 09-08 on the protection of individuals
regarding to the processing of
personal data.
Law The objective of the law 08-09 is to provide the Moroccan justice
system a legal instrument for the protection of individuals against the
abuse of the data likely to affect their private life, and harmonize
national system of protection of personal to those of its partners as
defined by the European authorities data.
cuments/L09-
08Protection_Donnees_Personnelles.p
df
National Center for
Data
http://www.cndp.m
a/
Decree No. 2-09-165 of
21 May 2009
Protection of personal data Decree Made for the implementation of Law No. 09-08 on the protection of
individuals regarding to the processing of personal data
21 May 2009 http://www.mcinet.gov.ma/EconomieN
cuments/D2-09-165_loi09-08.pdf
Law n°31-08 consumer protection Law Related to consumer protection, currently being adopted and which
contains provisions concerning distance selling particularly when
performed by electronically and online advertising and the prohibition
of unsolicited advertising via e-mail (spamming ).
cuments/L09-
08Protection_Donnees_Personnelles.p
df
Minister Delegate to
the Head of
Government in charge
of Economy
Order No. 649-07
dated 4 May 2007
Order Fixing the procedures for advertising and consumer information on
telecommunications services
4 May 2007 http://www.haca.ma/html/pdf/arrete_
649_07.pdf
Security of Information
Systems
New Technologies
http://www.mcinet.
gov.ma/
Charter for the Security of
Information Systems of public
institutions (confidential,
produced by the CI-GOV)
This charter provides a general frame to ensure security for the usage
and manipulation of information systems of public institutions.
CONFIDENTIAL
Morocco
Secure
Society (SC
7)
Electronic exchange of
legal information
Electronic Certification
and Cryptography
Protection of personal
data
online Consumer
protection

MOROCCO - 29/08/2014
ClusMED 611187
22
ICT Usage Ministry of Industry,
New Technologies
http://www.mcinet.
gov.ma/
BILL 67-13 BILL OF DIGITAL CODE 67-13 Bill The project is part of the plan's objectives "Digital Morocco 2013". It is
Structured into 6 separate titles dealing with areas:
1. - Electronic administration
2. Digital Communications
3. Contracts tele- concluded (e-commerce).
4. Online protection of minors
5. Advertising and e-marketing
6. Security of information systems
The proposed digital code aims to enroll effectively in the landscape of
information technology and digital trust in Morocco because it takes
into account the achievements in this field, to the extent that it
complements the existing provisions (in particular Law No. 34-05
amending and supplementing Law No. 2-00 on copyright and
neighboring rights , Law No. 53-05 on the electronic exchange of legal
information, Law No. 09-08 on the protection of individuals regarding
to the processing of personaldata, and Law No. 31-08 to enact
measures to protect consumers, includingonline consumer protection).
In addition, it creates, when necessary, a set of new provisions drafted
to ensure their sustainability and adequacy.
Décembre 2013 Ministry of Industry, Trade, Investment
and Digital Economy
New Technologies
http://www.mcinet.
gov.ma/
Law No. 24-96 Law Law No. 24-96 on the Post and telecommunications amended and
supplemented by: Law No. 79-99 of 20 June 2001, Act No. 55-01 of 4
November 2004, Law No. 29-06 of April 17, 2007, law No. 59-10, law n°
93-12. The purpose of this law is to define the legal framework for the
postal sector and telecommunications, including the
Telecommunications networks that can be exploited by individuals
holding a license granted by decree deliberated in accordance with
Article 66 of the Constitution, knowing that the state sets
Consolidated Act No. 24-96 on post
and telecommunications Version
http://www.anrt.ma/reglementation/lo
is/telecommunications
Ministry of Housing
and urban policy
www.mhu.gov.ma/ Law No. 12.90 Law This law serves as a blueprint for urban planning and regulates the
land usage by operators.
Law 12.90
Law No.25.90 Law
Law No. 104.12 Law
Law No 23.12 Law
Order of 12 August
1997
Order 12 August 1997
Decree No. 2-97-1024
of 25 February 1998
Decree Establishing the list of value added services 25 February 1998 Consolidated Version
http://www.anrt.ma/reglementation/de
crets-
New Technologies
http://www.mcinet.
gov.ma/
of 25 February 1998 as
amended and
supplemented by
Decree No. 2-05-770 du
Decree Related to interconnection of telecommunications networks consolidated Version
crets-
reglementaires/telecommunications
New Technologies
http://www.mcinet.
gov.ma/
of 25 February 1998
Decree Related to general operating conditions of public telecommunications
networks
25 February 1998 consolidated Version
crets-
New Technologies
http://www.mcinet.
gov.ma/
of 25 February 1998
Decree It concerns the conditions of providing an open network 25 February 1998 http://www.anrt.ma/sites/default/files
/documentation/1998-2-97-1027-Res-
telecom-ouvert-fr.pdf
New Technologies
http://www.mcinet.
gov.ma/
25 February 1998
Decree Applying the provisions of Law No. 24-96 on the post and
telecommunications regarding the ANRT.
25 February 1998 http://www.anrt.ma/sites/default/files
/documentation/1998-2-97-813-ANRT-
org-fr.pdf
New Technologies
http://www.mcinet.
gov.ma/
13 July 2005
Decree Related to the proceedings before the ART litigation, anti-competitive
practices and economic concentrations.
13 July 2005 http://www.anrt.ma/sites/default/files
/documentation/2005-2-05-772-litiges-
prat-anti-conc-concen-eco-fr.pdf
Audiovisual High Authority for
Audiovisual
Communication
http://www.haca.m
a/index.jsp
Law No. 03-77 audiovisual Law Related to audiovisual communication http://www.haca.ma/html/pdf/1-04-
257.pdf
Dahir No. 1-00-20 of 15
February 2000
promulgating the Law
No. 2-00
Copyright Dahir Related to copyright and neighboring rights 15 February 2000 http://www.haca.ma/indexFr.jsp?id=29
March 8, 1965
Copyright Decree Establishing the Moroccan Copyright Office http://www.haca.ma/html/pdf/Decret_
2-64-406.pdf
Moroccan Office for
Protection of Industrial
Property
http://www.ompic.o
rg.ma/
Law No. 17-97 of 15
February 2000
on the Protection of Industrial
Property; amended by Act No. 31-
05 of 14 February 2006
Law Industrial and Commercial Property in Morocco is governed by Law
17/97, which is in force since 18 December 2004. This law,
consistentswith WTO agreements (particularly TRIPS) has raised the
standards in Morocco in international tradelaw on industrialproperty.
recently, the Law 17/97 was supplemented and amended to be
consistent with global reforms in terms of industrial property and free
trade agreements signed by Morocco. This Actintroduced new
provisions such as the system marks Opposition, border measures to
suspected counterfeit goods, and the National Register of geographical
indications and appellations of origin. Other laws or dahirs can also
intervene in industrial property, as the law 2/00 on Copyright and
14 February 2006 http://www.ompic.org.ma/ressource_p
df_loi1797.pdf
Moroccan Office for
Protection of Industrial
Property
http://www.ompic.o
rg.ma/
7 June 2004
Protection of Industrial Property Decree Made for the implementation of Law No. 17-97 on the Protection of
Industrial Property
7 June 2004 http://www.haca.ma/html/pdf/Decret_
2-00-368.pdf
Morocco
Horizontal
Issues
Posts and
Telecommunications
Copyright and
neighboring rights
Industrial &
Commercial Property

MOROCCO - 29/08/2014
ClusMED 611187
23
Law No. 55.01 Universal Services Law This law dictates the creation of the Steering Committee for Universal
Law No. 24.96 Universal Services Law
Text related to Universal service for telecommunications: ICT
accessibility (phone + internet) for precarious and isolated areas
Ministry of Finance
www.finances.gov.
ma Financial Act 2005 Universal Services Financial Act
Creation by the Finance Act 2005, of a fund in the form of special
account called the "Universal Telecommunication Service Fund" (FSUT)
for receiving financial contributions by the telecommunication
operators and for financing universal service programs approved by
the CGSUT, by awarding financial grants to operators responsible for
carrying out such programs;
25 Jumada I 1430 (May
21, 2009) Universal Services
Decree for the establishment of a National Council for information technology
and the digital economy
http://www.anrt.ma/sites/default/files
/2009-2-08-444-Cons-natinal-TI-eco-
numerique-fr.pdf
Minsitry of Education
and Professional
Training www.men.gov.ma INJAZ Program National program
This program is launched under the national strategy "Digital Morocco
2013". It aims to equip students involved in 5 years-study courses with
laptops and 3G internet connection.
and Professional
Training www.men.gov.ma NAFIDA Program National program
2013". It has helped equip teachers in public institutions with
computer (desktop or laptop) and internet connections.
and Professional
Training www.men.gov.ma GENIE Program National program
2013". It aims to equip all public schools (primary and secondary)
with multimedia resources and internet connection. It has allowed the
implementation of the national portal for the integration of ICT in
education (www.taalimtice.ma).
and Professional
Training www.men.gov.ma U-NET Program National program
2013". It aims to provide universities and university cities of Wifi
networks.
and Professional
Training www.men.gov.ma SIE Program National program
2013". Its objective is the digitization of public institutions and
structuring of data in a single database.
New Technologies
http://www.mcinet.
gov.ma/
Decree No. 2.08.444 Decree Establishment of the National ICT Council chaired by the head of
government
New Technologies
http://www.mcinet.
gov.ma/
17 July 2002
entrepreneurship Decree Approving the single form of entrepreneurship. 17 July 2002 http://www.egov.ma/sites/default/files
/decret_2-02-350.pdf
New Technologies
http://www.mcinet.
gov.ma/
23/10/2008
biometric passport Decree Establishing the biometric passport 23/10/2008 http://www.egov.ma/sites/default/files
/decret_passeport_biometrique1-3.pdf
New Technologies
http://www.mcinet.
gov.ma/
Law No. 37.99 Law http://www.egov.ma/sites/default/files
/loi_n_37.99_etat_civil.bo1-1.pdf
New Technologies
http://www.mcinet.
gov.ma/
Law No. 35-06 national electronic identity card Decree Establishing national electronic identity card http://www.egov.ma/sites/default/files
/loi_ndeg35-
06_carte_nationale_didentite_electron
ique.pdf
New Technologies
http://www.mcinet.
gov.ma/
Decree No. 2-08-229 publication of draft legislation
and regulations
Decree Establishing a procedure for publication of draft legislation and
regulations
http://www.egov.ma/sites/default/files
/decret_ndeg2-08-
229_publication_des_projets_de_texte
s_legislatifs_et_reglementaires.pdf
New Technologies
http://www.mcinet.
gov.ma/
20-03-2013
Government Procurement Decree Related to Government Procurement 20-03-2013 www.marchespublics.gov.ma/pmmp/I
MG/pdf/Decret_MP_Francais_BO-2.pdf
New Technologies
http://www.mcinet.
gov.ma/
IT Moussanada Program National program This program is launched under the national strategy "Digital Morocco
2013". It aims to support the computerization of SMEs and
subsidiaries with high stakes in GDP by financing to 70% of their
investment in business solutions.
New Technologies
http://www.mcinet.
gov.ma/
Infitah Program National program This program is launched under the national strategy "Digital Morocco
2013". Awareness Program about ICT benefits for managers of small
enterprises.
New Technologies
http://www.mcinet.
gov.ma/
Mobilization Program for prime
contractors
National program This program is launched under the national strategy "Digital Morocco
2013". Mobilization Program for prime contractors to support SMEs /
suppliers in the dematerialization of commercial documents which has
allowed the development of digitization standards and the
achievement of a paperless platform to support 300 SMEs in the pilot
phase.
New Technologies
http://www.mcinet.
gov.ma/
IT Rawaj Program National program This program is launched under the national strategy "Digital Morocco
2013". It aims to equip by 2014 up to 1000 local shops with a pack
consisting of hardware and software trade.
ICT Services for SMEs
Morocco
Inclusive,
innovative
and
reflective
societies (SC
6)
Education
Governmental Services

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