Are electronic signatures legal in Morocco?
Morocco’s legal model is a tiered one. This means that Qualified Electronic Signatures are seen as a legal type of e-signature. This doesn’t mean that a non-QES e-Signature can’t be submitted in court, but it will need extra evidence to support it.
Morocco operates under Civil Law systems which are arranged according to a plan or a system and come from Roman law. Civil law systems are based on:
- Generally, a written constitution based on specific codes (e.g. civil code, codes covering corporate law, administrative law, tax law and constitutional law) preserving basic rights and duties
- There is little scope for judge-made law in civil, criminal and commercial courts (only legislative enactments are considered binding for all)
- In some civil law systems, e.g. Germany, writings of legal scholars have significant influence on the courts
- Courts specific to the underlying codes – there are therefore usually separate constitutional court, administrative court and civil court systems that opine on consistency of legislation and administrative acts with and interpret that specific code;
- Less freedom of contract – many provisions are implied into a contract by law and parties cannot contract out of certain provisions.
A civil law system is generally more prescriptive.
Moroccan law highlights that a handwritten signature isn’t always needed for a contract to be considered credible and that contracts can’t be refused for simply being electronic. Specific use cases for eSignatures are indicated in Law No. 53-05 (30-11-2007). In this law, it talks about esignatures being applicable for HR-related tasks, user agreements and more. eSignatures are a legal and valid way to get your contracts signed in Morocco.