TMC - Technology, Media & Communications

Advice on ICT law in Morocco 

Digital transformation to drive new economic growth 

The Maroc Numéric Maroc Numérique plan for digital transition has paid off, with the roll-out of digital infrastructures, extension of the use of digital technology at all socio-economic levels, development of an ICT (Information and Communication Technologies) industry, online launch of more than 70 e-government services and improvements to the competitiveness and productivity of SMEs. In Morocco, the strategic nature of information systems and the digital positioning of companies are well established. In addition, new emerging economic models – e-banking, healthtech, insurtech, m-commerce, fintech, industry 4.0 and offshoring – are all providing development opportunities, as well as challenges. In this context, information and communication technology law has considerably evolved and expert legal advice is required to carry out with success any project in this sector. 

Multiple legal issues associated with ICT 

Whether you work in the media, e-commerce or IT, a company from another sector confronted by issues relating to information and communication technologies (optimizing your information system, streamlining your personal data flows, setting up an exchange forum or an auction space, for example) or an industrial group looking for assistance from a workforce with expertise in CRM, BPO, ITO, ESO or KPO as part of your technological development, you operate in a changing environment requiring constant vigilance.  

Being familiar with your problems thanks to an in-depth understanding of the applicable legal and regulatory framework, our legal advisors can assist and support you to: 

• Protect your company’s interests when setting up your information systems, 
• Develop preventive actions guaranteeing the permanent compliance of the actions implemented on networks (advertising, sales, surveys, etc.) with applicable legal requirements, 
• Ensure your ownership of the intellectual property used and defend the rights attached to it, 
• Ensure that you own the technological innovations created by your employees and service providers, to guarantee their protection, to construct contractual exploitation frameworks that are secure from a legal and tax perspective and to adopt the means to tackle infringement and unfair and parasitic competition. 

In fact, our legal advisors’ range of expertise and specialist fields are vast: 

• Preparation and negotiation of development, licensing and maintenance agreements, particularly in the framework of integration and roll-out of information systems, 
• Preparation, negotiation and assistance with the implementation and conclusion of facilities management contracts, 
• Preparation and negotiation of website design and creation contracts for merchant and non-merchant sites, hosting contracts, relations with access providers, 
• Support and monitoring of the legal aspects of projects (participation in steering committees), 
• Assistance with the establishment of electronic signature systems (PKI), 
• Assistance with the negotiation and conclusion of archiving contracts, 
• Database law,  
• Protection of personal data: compliance audits, procedures to be undertaken with the competent authorities, advice on the establishment and definition of the role of personal data protection correspondents, assistance with specific operations which require greater vigilance in this regulatory sector, such as the drafting of ethical charters, implementation of biometric recognition solutions and implementation of cross-border data flows, 
• Assistance in relation to disputes involving contract performance, the defence of intellectual property rights and compliance with the applicable regulations.   

A broad approach supported by deep practical experience   

The complexity of information and communication technology law lies in the fact that this topic is at the intersection of several areas, both technical and legal. An effective approach to the various aspects of this area of law requires expertise in both intellectual property law and consumer law, as well as complete command of contract law.  

Our ability to combine these diverse skills enables us to address each of your issues in its entirety. But the pragmatism and effectiveness of our commitment to you is also, and perhaps above all, the result of our experience and our understanding of Morocco’s technological environment and practices.