Is an electronic signature legal in Morocco?
Moroccan contract law permits electronic signatures except where a law expressly excludes them, and the Code of Obligations and Contracts treats a reliable electronic writing as equivalent to paper. Law 43-20 sets out an eIDAS-style three-tier model — simple, advanced, and qualified electronic signatures — with only the qualified tier carrying a presumption of reliability equivalent to a handwritten signature.
What types of electronic signature are recognized in Morocco?
A simple electronic signature is any electronic process linked to an identifiable signatory. An advanced electronic signature is linked to and under the sole control of the signatory and is tamper-evident. A qualified electronic signature is an advanced signature created with a qualified device and a qualified certificate from a DGSSI-accredited provider — and is the only tier presumed reliable and equivalent to a handwritten signature.
What documents can be signed electronically in Morocco?
Most commercial agreements — contracts, NDAs, procurement, service and employment agreements, and purchase orders — can be signed electronically; a qualified signature is required for certain regulated uses such as electronic invoicing.
What documents cannot be signed electronically in Morocco?
Use a qualified signature wherever a presumption of reliability or a regulated use requires it, and for high-stakes or government-facing matters. Where a law requires a notarial deed or a particular form, follow that method.
What court cases have addressed eSignatures in Morocco?
None reported.
