Electronic documents and signatures
- A document in electronic form has the same evidential value as a paper document, provided that its author can be identified and its integrity is ensured.
- A qualified electronic signature, based on a qualified certificate, benefits from a presumption of reliability equivalent to a handwritten signature.
- Simple and advanced signatures are admissible as evidence, subject to assessment by the judge.
Providers and trust services
- Qualified trust service providers are accredited by the national accreditation and supervisory authority and are subject to security obligations.
- The services cover the issue of certificates, electronic timestamping, electronic registered delivery and preservation.
- The provider is liable for damage resulting from a breach of its obligations.
Key articles
Art. 2
« The law defines an electronic signature as data in electronic form which is attached to or logically associated with other electronic data and which the signatory uses to sign; it distinguishes simple, advanced and qualified levels. »
A lawyer's points to watch
- For deeds subject to an authentic form or specific rules (family law, real property security), an electronic document does not replace the statutory formalities.
- Keep the technical evidence (certificate, timestamp, signature log): it determines evidential value before the court.
- The Code of Obligations and Contracts (DOC) (Art. 417-1 et seq.) supplements this regime for civil evidence.
The English text on this page, including the quoted articles, is an unofficial translation. Information sheet prepared by Maître Lahfaia Law Firm, Rabat. It does not constitute legal advice. Only the text published in the Official Bulletin of the Kingdom of Morocco is authoritative; the articles cited may have been amended since this sheet was written.