Doing Business In... 2026

Last Updated July 16, 2026

Morocco

Law and Practice

Authors



Gide Loyrette Nouel is an international firm with approximately 500 lawyers, including around 100 partners, operating from 10 offices across Europe, North America, Africa and Asia – including Paris, Casablanca, London, Brussels, New York, Dakar, Tunis and Dubai. Present in Morocco since 2003, the Casablanca office comprises approximately 20 legal practitioners, including four partners, and is widely recognised for its expert knowledge of the electricity sector and renewable energy. Gide advises leading Moroccan and international clients on complex, often cross-border matters, ranging from mergers & acquisitions to commercial contracts. The team also handles large-scale infrastructure, energy and project finance transactions, as well as major real estate and tourism projects.

Morocco is a civil law jurisdiction. Its legal system is mainly based on written codes and statutes.

The judicial order is organised as follows: at the top sits the Cour de cassation, situated in Rabat, which ensures uniform interpretation of the law. Beneath it are the Courts of Appeal and then the Courts of First Instance, which are the ordinary trial courts.

Alongside this ordinary judiciary there are specialised courts, in particular the commercial courts and commercial courts of appeal, and the administrative courts and administrative courts of appeal for public law disputes.

Foreign investment in Morocco is, in principle, free, and does not require a general FDI approval. Foreign and local investors are subject to the same company law rules, and foreigners can usually hold up to 100% of capital in most sectors.

There is no cross-sector screening authority. This liberal approach has been reaffirmed and consolidated by the new Investment Charter (as enacted by Framework Law 03-22 dated 9 December 2022). The Charter is neutral as between Moroccan and foreign investors (Article 2 of the Investment Charter). It is designed to attract and support investment – through investment incentive schemes available to all investments and guarantees, such as freedom of capital transfers for foreign investors – rather than to introduce ownership caps.

However, prior authorisation is needed in regulated sectors, where it is linked to that regulated activity, be this banking, insurance, capital markets or telecoms, etc. Foreign ownership is also restricted in limited sectors: (i) there is a 49% cap on industries related to defence and security equipment, and materials; (ii) domestic air transport services may only be operated by Moroccan air carriers; (iii) ownership of agricultural land is barred to foreigners; (iv) exploration and extraction of phosphate is subject to a monopoly by OCP SA; (v) in oil & gas, l’Office National des Hydrocarbures et des Mines (ONHYM) holds a 25% interest in each exploration and production permit.

There is no generic, cross-sector FDI approval regime. The steps for foreign investors depend on whether: (i) the sector is regulated and therefore requires a sector-specific authorisation; or (ii) the activity or asset is legally barred/restricted to foreigners (eg, ownership of agricultural land), in which case the investment must be structured around that prohibition (lease, conversion of land use, joint venture with a Moroccan partner, etc).

In certain sectors (in particular, defence and security-related activities), foreign investors can exceed default shareholding thresholds or acquire control subject to prior governmental approval. This typically involves filing an application with the competent ministry or regulator. In other sectors, such as agricultural land ownership, the law does not provide for an approval route for foreigners at all, so the investment itself (as directly envisaged) is not possible and must be re-engineered. Timelines for sectoral approvals vary by authority and depend on case sensitivity.

Morocco does not impose a general, cross-industry FDI approval regime under which foreign investors must undertake specific commitments as a condition to invest. In principle, foreign investment is free.

That said, where an investor seeks to benefit from public support under the Investment Charter or under sector-specific incentive schemes, access to such incentives is conditional on meeting eligibility criteria. In practice, the practical “commitments” expected from foreign investors in Morocco generally arise not from a general foreign investment screening framework but from the requirements attached to subsidies, tax advantages, foreign-exchange flexibilities or access to public support programmes.

Under the Investment Charter, the main conditions relate to the size of the investment, the number of permanent jobs created, and, where relevant, the location of the project or the priority sector concerned. The main support regime is reserved for projects meeting thresholds such as at least MAD50 million in investment and 50 to 149 permanent jobs, or, alternatively, at least 150 jobs, with additional territorial or sectoral premiums available in certain provinces/prefectures and priority sectors, subject to an overall cap. Separate support mechanisms exist for strategic projects, VSEs/SMEs and the international development of Moroccan companies, but these specific schemes are not cumulative with the main regime.

Pursuant to Article 11 of the Investment Charter, the benefit of one of the aforementioned support mechanisms will be subject to the execution of a framework agreement with the State of Morocco that will provide for the reciprocal commitments of the parties and the terms of their implementation. Furthermore, any investment project that is eligible for the conclusion of a framework agreement will benefit from tax and customs incentives.

Likewise, sector-focused funds, such as the Industrial Promotion Fund or the Hassan II Fund, must comply with their own thresholds and policy objectives, such as minimum investment amounts, job creation, local integration, export growth, industrial sourcing or equipment expenditure.

A refusal to authorise an investment (licence, concession, etc) may be an administrative decision and therefore be challenged, first by way of administrative action, then before the administrative courts and the Supreme Court.

In practice, the investor will usually start with an administrative or hierarchical appeal (recours gracieux/hiérarchique) to the issuing authority or its supervising ministry, asking it to reconsider or withdraw the refusal. Independently of, or after, such an appeal, the investor may bring a judicial review action (recours pour excès de pouvoir) before the competent administrative court.

The usual time limit to bring such an action is 60 days from notification or publication of the decision, subject to interruptions or suspensions where a prior administrative appeal is lodged. If the court annuls the refusal, the administration must re-examine the file in compliance with the judgment and may be ordered, in some cases, to pay damages for the harm caused.

The most commonly used corporate vehicles are the limited liability company (société à responsabilité limitée – SARL), the joint stock company (société anonyme – SA) and the simplified joint stock company (société par actions simplifiée – SAS), with the choice driven mainly by project size, financing needs and governance/flexibility requirements.

The SARL is the standard vehicle for small-scale businesses. Shareholders’ liability is limited to their contributions, and there is no minimum share capital. It can be formed by a single shareholder (SARL à associé unique) or up to 50 shareholders. Governance is simple and largely statutory: one or more gérants (managers), who must be individuals (often Moroccan-resident in practice), manage and represent the company; shareholders approve accounts, major changes and certain reserved matters in meetings or by written consultation. Given its relative rigidity on share transfers and minority rights but low formality and cost, the SARL is generally preferred for operating companies, wholly owned subsidiaries and smaller JVs where parties accept a mainly “corporate law” framework with limited contractual tailoring.

The SA is the reference vehicle for larger projects, listed companies, regulated sectors and structures needing to raise capital from institutional or numerous investors. Shareholders’ liability is limited to their contributions. The law requires a minimum share capital of MAD300,000 and at least five shareholders. Capital is divided into freely transferable shares. Governance is more formal, and may follow a one-tier structure (board of directors with a chairman/CEO or separate chairman and CEO being the most common) or a two-tier structure (supervisory board and management board), with statutory rules on board composition, meetings and control of related-party transactions. General meetings of shareholders play a central role for structural decisions (capital changes, governance changes).

The SAS, which was more recently introduced, combines limited liability and share capital with extensive contractual flexibility in governance and shareholder relations. Shareholder liability is limited to contributions; capital is divided into freely transferable shares; there is no minimum capital; and there can be one or several shareholders. Its key feature is that the articles can freely allocate decision-making powers among corporate bodies and create bespoke rights, beyond the more rigid SA and SARL frameworks. In practice, it is increasingly used for foreign investor structures and joint ventures requiring customised governance while avoiding some of the SA’s formalism.

For a standard Moroccan company, incorporation is now centralised through the one-stop-shop of the Regional Investment Centres (CRI). In practice, the process is as follows.

First, the founders obtain a Negative Certificate for the company name from OMPIC (the Moroccan Office of Industrial and Commercial Property). They draft and sign the articles of association and prepare the remainder of the constitutional documents.

In parallel, if cash contributions are made, a bank account is opened in the name of the company “in formation” and the share capital is paid in; the bank issues a certificate evidencing the amount of the paid-up capital.

Once the documentation is ready, the articles of association are signed and the signatures authenticated (légalisées). The full file is then submitted to the CRI, which coordinates: (i) registration with the trade registry; (ii) tax registration; and (iii) social security registration. The company is incorporated upon its registration with the trade registry. Legal publication formalities in a legal journal and the official bulletin are then carried out.

Timing is largely driven by the completeness of the file, the time required for the founders to open a local bank account and authenticate their signatures on the incorporation documents (the formalities vary from one jurisdiction to the other) and whether any specific regulatory authorisations are required for the intended activity.

For the straightforward constitution of a company not operating in a regulated sector, incorporation can usually be completed in about two weeks from filing with the CRI, while projects involving prior regulatory licences or more complex structures (eg, incorporation with in-kind contributions) may take longer.

Ongoing public reporting obligations for private companies are relatively limited.

Any change to information appearing in the trade registry extract (eg, company name, legal form, registered office, corporate purpose, duration, share capital, identity of managers/directors and, where applicable, statutory auditors) and, more generally, any amendment to the articles of association require registration with the tax authorities and filing with the local trade registry. Such changes sometimes require publication formalities (legal notices in a journal of legal announcements and in the Official Gazette), although some are exempt from full publication.

Annual corporate approvals and accounts trigger limited filing obligations. Companies must hold at least one annual shareholders’ meeting within six months of the financial year‑end to approve the financial statements. The accounts must be filed with the trade registry within two months of the shareholders’ meeting.

Moroccan law has introduced a beneficial ownership register requiring companies to file and keep up to date information on their ultimate beneficial owners with the trade registry (notably identity and percentage of interest), and to update this filing within a short statutory period following any change. This register is not fully public in the same way as the corporate file, but it is accessible to the authorities and certain stakeholders.

Outside these corporate law obligations, companies must naturally comply with ordinary tax and social security filing requirements (periodic tax returns, social security declarations, etc), which are addressed by sector‑specific legislation rather than company law.

In an SA, one-tier boards are, in practice, the norm. Shareholders appoint a board of directors (conseil d’administration), which appoints a CEO (directeur général) vested by law with the broadest powers to act for the company in all circumstances. The board mainly has a supervisory and strategic role. Internal limits on the CEO’s powers (eg approval grids) are not enforceable against bona fide third parties. The chairman organises and leads the board and, if not also CEO, is not involved in day-to-day management. Moroccan law also permits a two-tier system (management board/directoire and supervisory board/conseil de surveillance), but this is less common.

In a SARL, management is exercised by one or more managers (gérant(s)) who represent the company vis-à-vis third parties. Appointed in the articles or by shareholders’ resolution, they may be shareholders or not and have the broadest powers on behalf of the company within the corporate purpose. Shareholder-imposed restrictions operate only internally and are not enforceable against bona fide third parties. There is no collegiate “board” separate from the gérant(s).

In an SAS, the only mandatory element is a president (président), who is the legal representative and holds the broadest powers vis-à-vis third parties. Beyond this core, the management structure is contractual: the articles may create any corporate bodies (executive committee, board, advisory committees), allocate decision-making powers and introduce veto rights or reserved matters. As in SA and SARL, limits on the president’s statutory powers are, in principle, not enforceable against bona fide third parties.

Directors’ and officers’ liability in Morocco is fault-based. Corporate personality and limited liability are the rule; “piercing the corporate veil” is exceptional and only arises under specific statutory mechanisms.

Directors and officers (board members, CEOs, gérants, présidents) incur civil liability mainly where they: (i) breach company law; (ii) breach the articles; or (iii) commit mismanagement (faute de gestion). Mismanagement is not precisely defined but covers conduct contrary to the company’s interests, assessed in abstracto by reference to the behaviour of a normally prudent director in comparable circumstances.

Liability requires fault, damage and causation. It may be individual (attributable to one person) or joint and several (collective board decisions). A director can avoid joint liability by proving timely opposition recorded in the minutes. Actions may be brought: (i) by the company (including via shareholder derivative actions); or (ii) by shareholders/third parties for a distinct personal loss.

Certain acts are criminally punishable, such as fictitious dividend distributions, knowingly false financial statements and misuse of company assets or credit (abus de biens sociaux), with sanctions including fines and imprisonment. Directors/managers may also incur liability in insolvency: courts can order those whose mismanagement contributed to an insufficiency of assets to bear all or part of the company’s debts.

There is no broad, free-standing veil-piercing doctrine: shareholder limited liability is strongly protected. Courts may, however: (i) treat a controlling shareholder as a de facto manager and apply the same civil/criminal and insolvency liabilities; or (ii) in cases of asset confusion, systematic misuse of the company, or fraudulent intermingling of business, use insolvency tools to reach personal assets. Outside these narrow, fault-based situations, creditors cannot bypass the company to sue shareholders merely because it is insolvent or poorly managed.

Employment relationships in Morocco are governed by a largely codified and structured hierarchy of rules. Case law plays an interpretative role, but Morocco remains a predominantly codified system: legislation and, where relevant, collective agreements are the primary references, with contracts operating within those mandatory rules.

The primary source is the Labour Code (Code du travail – Law No 65‑99), supplemented by implementing decrees and specific statutes. These provisions are of public policy in many areas (minimum rights on working time, paid leave, dismissal procedure, health and safety, trade union rights, etc), and individual contracts cannot derogate from these to the employee’s detriment.

The provisions of the Labour Code apply to all persons bound by an employment contract, regardless of the conditions under which the work is performed, the nature and methods of payment of remuneration, and the nature of the entity for which the work is carried out.

However, the provisions of applicable collective bargaining agreements, internal company regulations and employment contracts may provide for working conditions or benefits that are more favourable than those laid down in the Labour Code, in which case the former will prevail.

An open-ended, full-time relationship can validly exist without any written contract, and the Labour Code will still apply. However, written form is mandatory in certain situations, in particular for the use of temporary workers, and for certain specific categories of workers (eg, foreign employees), or where special clauses are agreed (eg, non-compete clauses). In practice, employers almost always use written contracts, as the absence of writing generally leads courts to recharacterise the relationship as an open-ended contract on standard terms, to the employee’s benefit.

On the term of the agreements, the default rule is the open-ended contract (CDI). This is presumed where the parties continue their relationship without a validly agreed limit in time.

The use of fixed-term contracts is strictly regulated. Under Section 16 of the Labour Code, they are allowed only in specific cases set out by law, mainly in cases of: (i) temporary replacement; (ii) seasonal work; and (iii) temporary increases in activity. A fixed-term employment agreement (CDD) that does not meet statutory conditions or is renewed abusively is at high risk of being reclassified as an indefinite-term agreement, with all protections attached (including dismissal rules and severance).

Under Section 184 of the Moroccan Labour Code, the standard working time in non-agricultural activities is 2,288 hours per year or 44 hours per week. The employer may choose to organise working time on a weekly or annual basis.

When the weekly regime is used, hours can be distributed equally or unequally over the days of the week, provided employees benefit from a weekly rest.

When the annual regime is used, working time may be spread over the year according to business needs, but normal working hours cannot exceed ten hours per day, save for limited statutory exceptions. Failure to comply with the normal working-time rules is punishable by a fine of MAD300 to MAD500 per employee, capped at MAD20,000 per employer.

Overtime is defined as any hour worked beyond the employee’s normal working time, which, in principle, refers to the legal limits. Overtime may be required when companies face an exceptional workload; the decision to resort to overtime lies with the employer, subject to statutory conditions and, for certain extensions, consultation with employee representatives.

As a rule, total overtime may not exceed 80 hours per year per employee; a further 20 hours may be added, after consultation with employee representatives, if the nature of the business so requires, so that overall overtime cannot exceed 100 hours per year per employee.

Under Section 198 of the Labour Code, overtime must be compensated in addition to normal remuneration, with minimum pay increases ranging between 25% and 50%, depending on the time and day of the week on which the overtime is carried out.

Morocco is not an employment-at-will jurisdiction. Termination is strictly framed by the Labour Code and employees enjoy mandatory notice and, in most cases, statutory severance.

Termination of Individual Contracts

Fixed-term contracts (CDDs)

A CDD ends automatically on expiry or when the specified task is completed. If the employer terminates early without gross misconduct or force majeure, the employee is entitled to damages equal to the salary due from early termination until the initial expiry date.

Open-ended contracts (CDIs)

The termination of an indefinite-term employment contract by one of the parties is effective only upon the expiry of the applicable notice period. Nonetheless, the notice period may be replaced by compensation equal to the salary that would otherwise have been paid to the employee during said period (Article 51 of the Labour Code).

Except in cases of gross misconduct (faute grave), a dismissed employee with at least six months’ continuous service is entitled to a statutory dismissal indemnity (indemnité de licenciement), calculated on the basis of the average salary over the previous 52 weeks (Article 52 of the Labour Code). The dismissal indemnity ranges between 96 and 240 hours per year of service, depending on the employee’s seniority level. There is no seniority cap for this statutory severance.

More favourable terms may arise from contracts, collective agreements or internal rules (Article 53, last paragraph, of the Labour Code).

In addition, the employee may receive: (i) paid leave compensation; (ii) compensation in lieu of notice; and (iii) damages for unfair dismissal if the termination is deemed “abusive/unfair” (licenciement abusif). In case of unfair termination, the courts may award damages for unfair dismissal, capped at 1.5 months’ salary per year of service (or fraction), with an overall cap of 36 months.

In cases where gross misconduct (faute grave) is duly proven and following the procedural safeguards (eg, hearing, written decision, reasons, cooling-off period) (Articles 61-64 of the Labour Code), no notice, severance or damages are due.

Collective Redundancies

Collective redundancies for technological, structural or economic reasons in Morocco are subject to a strict administrative procedure under Articles 66-71 of the Labour Code and are only allowed in undertakings habitually employing at least ten employees.

The employer must consult staff representatives (and, where applicable, unions or the works council) at least one month in advance on the reasons, scope and timing of the project and on measures to avoid or limit redundancies; minutes must be sent to the labour authorities.

Any collective dismissal, or partial/total closure likely to entail dismissals, requires prior authorisation from the provincial governor after review by a mixed commission, on the basis of a detailed economic file in case of economic dismissals.

Such redundancies remain rare in practice, and dismissed employees are entitled to statutory dismissal indemnity and, where applicable, paid leave and notice in lieu.

Pursuant to the Moroccan Labour Code, any company (depending on the number of employees) must have the following employee representative bodies:

  • Employee delegates (délégués des salariés): In all establishments habitually employing at least ten permanent employees, employees must elect employee delegates (titular and alternates). Below ten employees, the system may be adopted by written agreement (Articles 430-431). The delegates’ statutory mission is primarily to: (i) convey to the employer any individual grievance related to working conditions that has not been directly satisfied; and (ii) file such grievances with the labour inspector in the event that the disagreement between the employer and the employee endures. The number of delegates scales with headcount (from 1 titular/1 alternate at 10-25 employees up to 9/9 at 501-1,000 employees, plus 1/1 per additional 500 employees). Delegates enjoy protection (special procedure and labour inspector approval for any disciplinary change, suspension or dismissal) and means (monthly paid hours to perform their duties, a meeting room, posting facilities, etc).
  • Works council (comité d’entreprise): In companies of more than 50 employees, a works council must be set up. The works council must be consulted (with non-binding effect) on matters in relation to: (i) structural and technological changes to occur in the company; (ii) the social/labour report (bilan social) of the company; (iii) the production strategy of the company and the means of increasing its profitability; (iv) the development of social programmes to the benefit of the employees and their implementation; and (v) training programmes and programmes to combat illiteracy. The works council consists of: (i) the employer or the employer’s representative; (ii) two employee delegates elected by the company’s employee delegates; and (iii) where applicable, one or two trade union representatives within the company. It meets every six months and when deemed necessary.
  • Hygiene and safety committee: In industrial, commercial, craft, agricultural and forestry undertakings employing at least 50 employees, a health and safety committee must be set up. Its role is to identify occupational risks, monitor compliance with health and safety rules, oversee protective measures, promote certain prevention measures, and issue recommendations on workplace safety and related matters. It must meet quarterly and after any serious accident. It must investigate work accidents and occupational diseases, prepare a report, and the employer must send that report to the labour inspectorate within 15 days. The committee must also prepare an annual risk report to be sent within 90 days of each year-end, and keep certain records in a special register available to the authorities.
  • Information obligation: The Labour Code also expressly recognises a right of employees to be informed about the company’s key strategic orientations. Employees must be informed, through trade-union representatives or, in their absence, through elected employee representatives, of information and data relating to the company’s structural and technological changes before they are implemented, to the management of its human resources, to its social report, and to its production strategy.

Employers established in Morocco must withhold, monthly at source, the personal income tax (IR) applicable to the salaries paid to their employees.

Calculating the taxable base:

  • the gross amount of salaries, bonuses and benefits granted (in cash or in kind) must be included; and
  • certain allowances intended to cover expenses incurred in the performance of the employee’s duties may be exempt, to the extent that they are properly documented, whether they are reimbursed on an expense-account basis or granted as lump sums.

The gross base benefits from a standard deduction, which depends on the annual gross taxable income.

The IR scale is as follows:

  • exemption for the bracket up to MAD40,000;
  • 10% from MAD40,000 to MAD60,000 (MAD4,000 to be deducted);
  • 20% from MAD60,000 to MAD80,000 (MAD10,000 to be deducted);
  • 30% from MAD80,000 to MAD100,000 (MAD18,000 to be deducted);
  • 34% from MAD100,000 to MAD180,000 (MAD22,000 to be deducted); and
  • 37% above MAD180,000 (MAD27,400 to be deducted).

Additional IR exemptions may apply to interns and companies incorporated in 2026 (subject to specific conditions).

The employer must withhold the IR on a monthly basis and file with the tax authorities an annual salary return (before 1 March of each year).

Social security contributions must also be withheld monthly at source by the employer on the salaries paid to employees and paid to the CNSS, or National Social Security Fund.

Corporate Income Tax (CIT)

A company in Morocco (or a branch) is subject to corporate income tax (rate of 20%) if net profit does not exceed MAD100.

Article 8 of the Code général des impôts (Tax Code or CGI)specifies that taxable profit corresponds to the excess of income generated during the financial year over expenses duly justified for the needs of the activity during the same year.

The (non-progressive) CIT rate is 35% beyond the MAD100,000 threshold.

Social Solidarity Contribution

In addition to CIT, a social solidarity contribution applies until at least 2028 (calculated on the same base as CIT) ranging between 1.5% and 5%, depending on the tax base.

VAT

Under Article 87 of the CGI, all commercial, industrial or craft transactions carried out in Morocco are subject to Moroccan VAT. The standard VAT rate in Morocco is 20% and applies to both the supply of services and the supply of goods.

With respect to territoriality, Moroccan VAT applies:

  • for goods: when the place of delivery is Morocco; and
  • for services: when the service is exploited or used in Morocco.

Only the difference between VAT collected on sales and deductible VAT on purchases must be paid to the Moroccan Treasury. VAT returns, as well as the corresponding payment, must be filed and made online on a monthly basis, before the end of each month.

Cases in which VAT refunds may be obtained (in the event of a VAT credit) are listed by the CGI.

Other Relevant Taxes

Local taxes such as taxe professionnelle (business licence tax) and taxe des services communaux (municipal services tax) also apply to business. They are based on the rental value of assets used and the amount of lease paid to carry out the taxable activity.

The taxe professionnelle rate ranges from 10-30% and taxe des services communaux is 6.5% for rural areas and 10.5% for urban areas.

There are certain tax incentives granted to specific sectors, eg, for financial or consulting services provided from the Casablanca Finance City (CFC) area or industrial activities provided from the Industrial Acceleration Zone (IAZ).

In addition, subject to compliance with certain substantive and formal conditions, investment assets (ie, tangible fixed assets) duly recorded in the accounts may benefit from a VAT exemption (both local VAT and import VAT):

  • for newly incorporated companies, during the 36 months following the start of their activity; and
  • for all companies carrying out an investment project in an amount equal to or greater than MAD50 million and entering into an investment agreement with the Moroccan Government; in this case, imported goods also benefit from an exemption from customs duties payable on importation, and it is possible to claim public subsidies under the Investment Charter.

No general tax consolidation exists in Morocco. Any entity part of a group is subject to taxation on its own.

However, dividends paid from one Moroccan company to another are fully exempt from tax (no withholding tax on payment and no corporate tax for the recipient). Also, a specific “group” regime exists only for intragroup asset transfers between companies at least two-thirds held by a common parent: subject to conditions, it allows deferral of corporate tax on the transfer and application of a fixed transfer tax instead of the usual proportional rate (eg, 5% on standard land transfers).

There are no thin capitalisation rules per se in Morocco. However, the tax deductibility of interest can be limited.

Interest paid to a bank or a third party which is not a direct shareholder of the Moroccan borrowing entity can be deducted for tax purposes without limitation, provided that the share capital of the borrowing company is fully paid up.

Interest paid on shareholder loans is deductible only if the share capital is fully paid up, and within the following limits:

  • the amount of shareholder loans generating interest must not exceed share capital; and
  • the interest rate must not exceed the rate determined annually by the Ministry of Finance, which is set at 2.15% for the 2026 financial year (the maximum rate changes annually).

These rules apply regardless of the country of residence of the direct shareholder granting the loan to the Moroccan borrowing company.

Control of Prices Between Related Companies

Pursuant to Article 213-II of the Tax Code, where a company has, directly or indirectly, relationships of dependence with entities located in Morocco or abroad, profits indirectly transferred – in particular through an increase or decrease in purchase or sale prices, or by any other means – must be added back to taxable income and/or reported turnover.

These profits are determined by comparison with similar companies or by way of direct assessment on the basis of information available to the tax authorities.

Moroccan tax law does not provide for any specific method for determining transfer prices. Although Article 213-II of the CGI refers to a comparison of profits rather than a comparison of prices, the methods recommended by the OECD are generally accepted by the tax authorities, provided that they are duly substantiated.

Consequently, particular attention should be paid to intra-group supply of goods or services (interest, royalties, management fees, etc).

In order to secure intra-group flows, taxpayers may enter into an advance pricing agreement, enabling them to formally agree beforehand on the method for determining transfer prices applicable to intra-group transactions with non-resident entities.

Documentation requirements

Since the 2019 Finance Law, and subject to a (direct or indirect) relationship of dependence, Moroccan companies carrying out cross-border intra-group transactions must, from the start of a tax audit, prepare transfer pricing documentation (master file and local file) and make it readily available to the tax authorities. This applies to companies with an annual turnover (excluding VAT) or a total gross balance sheet of at least MAD50 million; only transactions with related companies exceeding MAD1 million per financial year must be documented.

In case of total or partial failure to provide this documentation, the taxpayer is invited under Article 219 of the CGI to provide the missing items within 30 days of the request by the tax authorities.

Under Article 185-IV, failure to provide documentation triggers penalties of 0.5% of the amount of undocumented transactions, with a minimum of MAD200,000 per financial year.

In addition, companies engaging in cross-border transactions may, upon formal written request from the tax authorities, be required to disclose detailed information on their foreign dealings (relationships, transaction nature, transfer-pricing methods and justifications, and applicable foreign tax regimes and rates); this obligation arises only if such formal request is issued by the authorities.

The tax authorities may disregard transactions as an abuse of law where they are fictitious, purely tax-driven or designed to evade or unduly reduce tax compared to the taxpayer’s real situation and activities. In such cases, the arrangements are re-characterised to reflect their true nature, under a general anti-abuse principle aimed at denying tax advantages obtained contrary to the spirit and purpose of the law.

Importation of goods into Morocco is free, subject to certain exceptions relating to, inter alia:

  • consumer protection;
  • protection of the economy;
  • environmental protection; and
  • protection of the national heritage and public order (eg, defence or other strategic sectors subject to a licence).

As an exception to the above-mentioned principle of freedom to import, the importation of certain products is subject to the prior obtention of an import licence issued by the department of foreign trade.

The importation of products not included on this list is free and is carried out, where applicable, on the basis of an import undertaking.

All goods imported in Morocco from abroad are subject to import taxes which include 20% VAT, 0.25% parafiscal tax and import duties ranging from 2.5% to 50%. However, Morocco has entered into several free trade agreements (FTA) which allow importing under exemption of import duty (but VAT remains applicable).

Morocco is party to an Association Agreement with the EU, a bilateral FTA with the US (in force since 2006), and an Association Agreement with the UK largely replicating EU preferences post Brexit. Morocco has also concluded an FTA with the EFTA States (Switzerland, Norway, Iceland and Liechtenstein), as well as bilateral agreements with Turkey and the UAE. At regional level, Morocco participates in the Agadir Agreement (with Egypt, Jordan and Tunisia), the Greater Arab Free Trade Area (GAFTA) and the African Continental Free Trade Area (AfCFTA). Taken together, these agreements provide Moroccan exporters with preferential or duty-free access to several major markets in Europe, North America, the Middle East and Africa, while opening the domestic market to partner countries on a reciprocal basis.

A “notifiable merger” is any transaction that: (i) qualifies as a “concentration” within the meaning of Law No 104-12; and (ii) meets at least one of the turnover or market share thresholds, so that it must be notified to, and cleared by, the Competition Council before implementation.

Concept of Merger

Article 11 of Law No 104-12 defines as a merger any transaction whereby:

  • previously independent undertakings merge (fusion) into a single entity;
  • one or more persons or undertakings already controlling at least one undertaking acquire control, directly or indirectly (share deal, asset deal, contract or other means), of all or part of one or more other undertakings; or
  • a joint venture is created which “durably performs all the functions of an autonomous economic entity”.

The law also clarifies that control exists where rights, contracts or other means confer, alone or jointly and having regard to factual or legal circumstances, the ability to exercise decisive influence over an undertaking’s activity, in particular through: (i) rights of ownership or use over all or part of its assets; or (ii) rights/agreements giving a decisive influence over the composition, deliberations or decisions of its corporate bodies.

Law No 40-21 which amended Law No 104-12 added that if two or more transactions take place within two years between the same persons/undertakings and result in a change of control, they are considered as one single transaction occurring on the date of the last operation.

The acquisition of a non-controlling minority shareholding is not covered by this merger control regime.

In practice, the Competition Council confirmed that only full-function joint ventures (ie, JVs operating autonomously on a market) are treated as concentrations, and are therefore notifiable.

Foreign-to-foreign transactions are caught if the filing threshold is met.

Thresholds

A merger must be notified to – and cleared by – the Competition Council before its completion if any of the three following conditions are met:

  • the parties’ combined worldwide turnover exceeds MAD1.2 billion and the individual turnover in Morocco of at least one of the parties exceeds MAD50 million;
  • the parties’ combined Moroccan turnover exceeds MAD400 million, and the individual turnover in Morocco of at least two of the parties exceeds MAD50 million; or
  • the parties have a combined market share in Morocco exceeding 40%.

If any party to the planned transaction has a market share in Morocco (or a wider geographic market including Morocco) of more than 40%, the market share threshold is considered to be met.

These three criteria are alternative, which means that if one of them is fulfilled, the parties are required to notify the intended merger in Morocco, even if there is no overlap of activities.

Exceptions

The Competition Council introduced an exemption for certain economic concentration operations (paragraph 67 of the merger control guidelines).

According to the guidelines, in cases where the turnover thresholds are met but the target does not have any direct or indirect legal or commercial links, either horizontally or vertically, in Morocco, such transactions do not have to be notified. This exemption is strictly interpreted by the Competition Council.

The Competition Council also indicated that cases involving the acquisition of the joint control of a target abroad (not achieving turnover in Morocco), and the creation of a joint venture abroad not intended to operate in Morocco, were not covered by the exemption under paragraph 67 of the merger control guidelines.

Turnover Computation

There is no statutory guidance on turnover calculation, but, in practice, all revenue of each party’s entire control group (ie, the party itself and all entities under the same ultimate parent) is taken into account in the threshold analysis, without pro-rating. Local turnover is generally allocated to Morocco based on the customer’s location.

The undertakings concerned are usually the buyer’s group and the target; the seller’s group turnover and market share are only included if the seller is to retain control of the target and thus remain in the same control group.

Suspensive Effect and Penalties

Under Article 14 of Law No 104-12, the parties are not allowed to implement their merger until the Competition Council has authorised the transaction.

Any party subject to a notification obligation is liable to a fine for failure to notify or for early implementation of the transaction (this fine may be as high as 5% of the Moroccan turnover achieved by the company during the most recent financial year).

The Moroccan merger control process before the Competition Council follows a structured sequence of preparation, filing and review steps.

Preparing the notification (information gathering, form and non-confidential summary) typically takes around three weeks. There is no legal filing deadline, but clearance is required before closing. Since the December 2023 guidelines, parties may seek the Council’s prior view on notifiability by submitting a short presentation and supporting documents. Acquirers of control must notify; in mergers and joint ventures all parties notify jointly. The seller has no filing responsibility if it will not retain control.

After filing, the Council checks completeness (often via a virtual meeting and follow-up questions). Once satisfied, it issues a completeness confirmation, which starts the review clock and triggers publication of a notice and a 10-day third-party comment period. From that date, Phase I runs for 60 days. Clearance in simple cases is usually granted earlier. The 60-day period may be extended by 20 days if commitments are offered, and may be suspended at the parties’ request (up to 20 days in cases of particular necessity).

Law No 40-21 allows the Council to suspend the review where the notifying parties fail to disclose a relevant new fact or provide requested information in time, or where third parties cannot respond for reasons attributable to the notifying parties. Time resumes once the cause of suspension disappears. The transaction is subject to a standstill obligation; implementation before clearance is prohibited. The Council may exceptionally waive standstill, upon a duly motivated request, and has done so in a few cases involving distressed companies.

If the Council does not adopt a decision within the statutory period and the Administration does not request the opening of a Phase II within 20 days, clearance is deemed tacitly granted 80 days after completeness. In practice, the Council systematically adopts explicit decisions. Phase II is opened only where serious competition concerns arise and entails an in-depth investigation, extended information requests and discussions. Once Phase II is opened, the Council has a further 90 days to decide, a period that may be extended where commitments are offered or suspended if information is late or new facts arise.

Since late 2023, an accelerated procedure is available: upon request, the Council may issue a decision before expiry of the statutory deadline, provided at least 21 days have elapsed since notification. A simplified procedure may be granted where there are no horizontal or vertical overlaps in Morocco; in such cases the Council generally aims to decide in around 30 days.

Filing fees under the normal procedure amount to 1/1000 of the transaction value, with a minimum of MAD20,000 and a maximum of MAD150,000, plus 20% VAT (the maximum applies if the value is not disclosed). Under the accelerated procedure, the fee is doubled to 2/1000, with a minimum of MAD40,000 and a maximum of MAD300,000, plus VAT. For full-function joint ventures, the fee is fixed at MAD20,000 (ordinary) or MAD40,000 (accelerated), in each case plus VAT.

Government intervention on public-policy grounds after the Council’s assessment is theoretically possible, but virtually unheard of. Any clearance becomes null and void if the transaction is not implemented within two years, in which case a new notification is required.

Anti-competitive agreements and practices (ententes) are governed by Law No 104-12. The regime applies to all undertakings, whether or not these are established in Morocco, whenever their conduct has as its object or may have an effect on competition in the Moroccan market (or a substantial part thereof); it is based on an effects doctrine rather than the place of establishment.

Within this framework, Article 6 prohibits anti-competitive agreements: any agreement, concerted practice or coalition, whether horizontal between competitors or vertical along the supply chain, is unlawful where its object or effect is to prevent, restrict or distort competition.

Law No 104-12 expressly targets horizontal agreements and concerted practices (tacit or express), including cartels, restrictions on market access or production, market-sharing arrangements and bid-rigging. While it does not provide a standalone abstract definition of “concerted action”, it captures the notion through the prohibited legal categories (agreements, concerted practices, coalitions), all of which presuppose some form of coordination or concurrence of wills between undertakings that has as its object or effect the prevention, restriction or distortion of competition.

This will typically be the case where conduct limits market access, fixes prices, restricts production or allocates markets, sources of supply or public contracts. Clauses implementing such practices are null and void.

Enforcement – including fines, injunctions, commitments and interim measures – lies primarily with the Moroccan Competition Council, which has broad investigative powers and may act ex officio or following complaints or information from any person or public body. In its investigations it may seek expert opinions, request documents or information and hold hearings with the undertakings concerned.

In recent years, the Competition Council has stepped up enforcement, with notable public decisions including: a 2022 infringement decision concerning the Association of Chartered Accountants; 2023 settlement decisions involving the National Order of Architects and the markets for supply, storage and distribution of diesel and petrol; and a 2025 settlement decision in the national market for digital meal ordering and delivery platforms.

The general prohibitions are tempered by limited exemptions. Under Article 9 of Law No 104-12, conduct required by legislation or regulation is excluded from the ban, and agreements may be exempted where they contribute to economic or technical progress (including job creation or preservation), give users/consumers a fair share of the resulting benefits, do not eliminate competition on a substantial part of the relevant products or services, and where any restrictions of competition are indispensable to achieving these objectives.

After obtaining the Council’s assent, certain categories of agreements or specific agreements – notably those aimed at improving the management of SMEs or the marketing by farmers of their products – may be recognised as meeting these conditions.

Article 7 of Competition Law targets unilateral conduct by prohibiting the abuse of a dominant position on the Moroccan market, or on a substantial part of it, as well as the abuse of a situation of economic dependence in which a partner has no equivalent alternative.

Article 7 expressly provides that the abusive exploitation by an undertaking, or a group of undertakings, of a dominant position is prohibited where it has the object or effect of preventing, restricting or distorting competition on the relevant market.

Typical examples include refusal to sell, tying or bundling, discriminatory conditions of sale, the unjustified termination of established commercial relationships, or the imposition of minimum resale prices and minimum margins.

Article 7 of Competition Law expressly identifies minimum resale prices as potential forms of abusive conduct.

The Competition Council also indicated, in its 2022 Compliance Guide, that certain exclusivity arrangements may raise competition law concerns. In particular, the Council considers clauses preventing an exclusive distributor from responding to unsolicited requests from customers located outside its allocated territory (ie, restrictions of passive sales) to be unlawful.

The Compliance Guide further states that “excessive” exclusivity obligations may be problematic, and that the competitive position of the supplier is an important factor in assessing the compatibility of exclusive distribution arrangements with competition law. The Competition Council also notes that the combination of exclusive distribution with exclusive supply obligations or customer exclusivity may produce anti-competitive effects on the relevant market.

The exceptions set forth in Article 9 of Law No 104-12 (see supra) also apply to the prohibition on the abuse of a dominant position.

Article 8 of Law No 104-12 also prohibits the practice of abusively low prices – that is, predatory pricing strategies where consumer prices are set below cost with the object or effect of eliminating competitors or blocking their development.

The exemptions provided for in Article 9 of Law No 104-12 may also apply to conduct falling under Articles 7 and 8, where the conditions relating to economic or technical progress and consumer benefit are satisfied and competition is not eliminated in respect of a substantial part of the market.

Definition

Patents in Morocco are governed by Law No 17-97 on the Protection of Industrial Property, as amended from time to time (Law No 17-97) and are administered by the Moroccan Office of Industrial and Commercial Property (OMPIC).

A patent protects an invention that is new, involves an inventive activity and is suitable for industrial application. Patentable inventions may relate to products or processes, including new applications or combinations of known means for achieving a result that is not disclosed by, or apparent from, the prior art. Patent protection may also extend to pharmaceutical compositions, products and remedies of any kind, as well as processes and apparatus for their manufacture.

Length of protection

Patent protection is granted for a period of 20 years from the filing date, subject to payment of annual maintenance fees. The term of protection may be extended in certain circumstances, notably where the patent grant procedure exceeds the statutory period provided under Law No 17-97.

Registration process

Patent applications are filed with OMPIC and must contain a grant request, description, claims, any drawings and an abstract. OMPIC checks formal requirements, issues a preliminary search report and patentability opinion, and notifies the applicant, who may amend the claims and submit observations. A final search report is then drawn up, and the application is published within 18 months of filing. After the examination is completed and fees are paid, OMPIC grants the patent and records it in the National Register of Patents.

Enforcement and remedies

Patent owners and licensees (for their own loss) may sue for infringement before the competent courts and request provisional measures in summary proceedings, such as stopping the alleged infringement or allowing it only against financial guarantees. Civil and criminal infringement actions become time-barred three years after the infringing acts.

Available remedies include stopping the infringement, damages, seizure and destruction of infringing products, publication of the judgment, and, where conditions are met, criminal penalties (imprisonment and fines).

Definition

Trade marks are governed by Law No 17-97. A trade mark is a sign capable of graphical representation and used to distinguish the goods or services of a natural or legal person. Protected signs may include, in particular, words, combinations of words, patronymic names, geographical names, figurative signs such as labels and seals, three-dimensional shapes, colour combinations, sound signs and other distinctive signs that can distinguish goods or services.

Trade mark rights are acquired through registration with OMPIC and take effect from the filing date of the application.

Length of protection

A registered trade mark is protected for a period of ten years from the filing date and may be renewed indefinitely for successive periods of ten years. The renewal application must be filed within the six-month period preceding the expiry of the trade mark’s term of validity.

Registration process

Trade mark applications must be filed with OMPIC and must include the application for registration of the trade mark, reproductions of the sign and evidence of payment of the applicable fees. The application is recorded in the National Trade Mark Register and published by OMPIC. Within two months from the date of publication, any owner of a trade mark protected or filed prior to the application may file an opposition before OMPIC, subject to payment of the applicable fees. The beneficiary of an exclusive exploitation licence has the same right to file an opposition under the conditions provided by Law No 17-97.

Enforcement and remedies

Owners of registered trade marks and exclusive licensees can bring infringement actions before the courts and obtain provisional measures to establish and stop infringement (including description, sampling or seizure of suspected goods).

They may also ask customs to suspend the release of suspected counterfeit goods.

Infringement can lead to civil remedies (cessation, damages, seizure and destruction of counterfeit goods and related materials) and, for certain fraudulent or unauthorised uses, criminal sanctions including imprisonment and fines under Law No 17-97.

Definition

Industrial designs and models are protected under Law No 17-97.

An industrial design consists of any combination of lines or colours, while an industrial model consists of any three-dimensional shape, whether or not combined with lines or colours, provided that such combination or shape gives a specific appearance to an industrial or handicraft product and may serve as a model for the manufacture of such product.

An industrial design or model must differ from similar designs or models either by a distinct and recognisable configuration conferring novelty, or by one or more external features giving it a specific and new appearance.

Length of protection

An industrial design or model is protected for an initial period of five years from the filing date and may be renewed four times for successive periods of five years, resulting in a maximum protection term of 25 years.

Registration process

Applications for the registration of an industrial design or model must be filed with OMPIC and must include, in particular, the application form, two copies of a graphic or photographic reproduction of the design or model and evidence of payment of the applicable fees.

Following examination of the application and completion of the registration formalities, the industrial design or model is registered by OMPIC and recorded in the National Register of Industrial Designs and Models. A certificate of registration, together with the relevant graphic or photographic reproduction, is issued or notified to the applicant.

Enforcement and remedies

Owners of registered industrial designs or models in Morocco can bring infringement actions before the courts and seek provisional measures (including detailed description and possible seizure of allegedly infringing products) to establish the origin, nature and scope of the infringement. Exclusive licensees may also act within the limits of Law No 17-97.

Infringement can lead to civil remedies (cessation of infringement, damages, seizure and destruction of infringing goods) and, where the statutory conditions for counterfeiting are met, to criminal sanctions including imprisonment and fines.

Definition

Copyright is governed by Law No 2-00 on Copyright and Related Rights, as amended from time to time (Law No 2-00).

Any author benefits from copyright protection in respect of their original literary or artistic works.

Copyright protection extends to original intellectual creations in the literary and artistic field, including written works, computer programmes, musical works, dramatic and choreographic works, audiovisual works, works of applied art and other similar creations. The Moroccan Copyright Office (Bureau Marocain du Droit d’Auteur – BMDA) is responsible for the collective management of copyright and related rights.

Length of protection

Economic rights are protected during the lifetime of the author and for seventy years following their death.

Moral rights are perpetual, inalienable and imprescriptible.

Different categories of works benefit from specific, tailored rules on the duration of protection, which vary according to factors such as the number of authors, anonymity and the date the work is made public or created.

Registration process

No registration or other formality is required for copyright protection, which arises automatically from the creation of an original literary or artistic work.

Authors may nevertheless deposit their works with the BMDA for evidentiary purposes and to facilitate the collective management and enforcement of their rights.

Enforcement and remedies

Under Moroccan law, copyright holders can bring civil actions to stop, prevent or remedy infringements and obtain provisional measures to preserve evidence or prevent ongoing violations. Copyright and related-rights infringements may also be prosecuted criminally where the infringement is committed knowingly.

Moroccan law protects several IP rights beyond patents, trade marks and designs, notably geographical indications, appellations of origin, trade names and integrated circuit layout-designs, while trade secrets are protected mainly through contracts, confidentiality obligations and unfair competition rules.

Geographical indications and appellations of origin, as well as trade names, have no fixed term and remain protected as long as their legal conditions (including effective use and distinctiveness for trade names) are met, whereas integrated circuit layout-designs are protected for ten years from filing.

Geographical indications, appellations of origin and layout designs must be applied for and registered (or certified) with OMPIC, while trade names are protected through use rather than registration.

Rights-holders can bring civil actions (and, where applicable, seek provisional and customs measures) to stop infringements, obtain damages and secure seizure or destruction of infringing goods; civil and criminal actions for industrial property infringements are time-barred after three years from the infringing acts. Certain infringements may also constitute criminal offences. In particular, unlawful use of protected geographical indications or appellations of origin and fraudulent use or usurpation of a trade name may give rise to criminal sanctions, including imprisonment and fines under Law No 17-97.

Personal data protection in Morocco is primarily governed by Law No 09-08 relating to the protection of individuals with regard to the processing of personal data (Law No 09-08). Law No 09-08 is supplemented, notably, by Decree No 2-09-165, as well as various deliberations, decisions and guidelines issued by the Moroccan Data Protection Authority (Commission Nationale de contrôle de la protection des données à caractère personnel – the CNDP).

Law No 09-08 applies: (i) where the data controller is established in Morocco; and/or (ii) where the automated or non-automated means used for the processing of personal data are located in Morocco.

“Personal data” is broadly defined as any information, regardless of its nature or format, relating to an identified or identifiable individual, including sounds and images.

An individual is deemed identifiable where they may be identified, directly or indirectly, notably by reference to an identification number or to one or several elements specific to their physical, physiological, genetic, psychological, economic, cultural or social identity.

Law No 09-08 also identifies a specific category of “sensitive personal data”, which notably includes personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, and health-related data, including genetic data.

“Processing” is broadly construed and includes, among others, the collection, recording, organisation, storage, adaptation, modification, use, communication or transmission of personal data relating to a data subject.

Law No 09-08 applies: (i) where the data controller is established in Morocco; and/or (ii) where the automated or non-automated means used to process personal data are located in Morocco. Moroccan data protection rules may therefore apply to Moroccan entities and to foreign companies whose processing operations use means located in Morocco. Under Article 2, a controller not established in Morocco but using such means must appoint a representative established in Morocco, notify this representative to the CNDP, and have the representative act on its behalf for compliance with Moroccan data protection law.

The Moroccan data protection authority is the Commission Nationale de contrôle de la protection des données à caractère personnel, or CNDP – see 8.1 Applicable Regulations.

The CNDP exercises both regulatory and supervisory functions. In particular, it is responsible for reviewing and approving certain personal data-processing activities, monitoring compliance with applicable data protection requirements, issuing decisions and guidelines, handling complaints from data subjects, and raising awareness regarding personal data protection matters.

As a general rule, prior formalities before the CNDP are required to carry out personal data-processing activities in Morocco.

Depending on the nature of the processing, the relevant entity must obtain either:

  • an authorisation from the CNDP, notably where the planned processing relates to sensitive personal data, genetic data, information relating to offences or infractions, national identity numbers, or where the data is used for purposes different from those initially declared; or
  • a declaration receipt from the CNDP (ie, proof of prior notification to the CNDP), for standard processing activities.

Please note that simplified declaration procedures exist for certain categories of processing, notably HR-related processing activities.

In addition, where personal data is transferred outside Morocco, a separate authorisation must, in principle, be obtained from the CNDP pursuant to Article 44 of Law No 09-08, unless a specific exemption applies.

With respect to foreign investment and exchange control, the 2026 General Instruction on Foreign Exchange Operations (IGOC 2026) introduced important practical adjustments, such as allowing residents to include indemnification clauses for the benefit of non-resident investors in share deals. Beyond that, the Office des Changes’ 2025–29 strategy expressly provides for further liberalisation steps by 2026 and 2028 with a view to a broader convertibility of the dirham, and the Ministry of Finance has in 2026 relaunched a restructuring project for the Office, including the roll-out of a new “Plateforme Unique de Change”. In practice, this means that the foreign exchange and investment environment is expected to continue to evolve in favour of greater openness over the medium term.

With respect to employment law, an important overhaul of the Labour Code is on the table. The reform process launched by Minister Sekkouri in September 2025 targets several structurally sensitive topics: the introduction of a legal framework for telework (currently absent from the Labour Code); a relaxation of the conditions for using fixed-term contracts; the creation of a status for platform workers; the simplification of procedures for foreign workers; and stronger incentives for collective bargaining. As of March 2026, however, the relevant texts had not yet been adopted.

In parallel, the Government has approved Draft Law No 032.26 amending Article 193 on security/guarding staff, as a result of the April 2026 social dialogue, with entry into force planned for 2027.

The right-to-strike framework is also still evolving: Organic Law No 97-15 on the right to strike has been in force since September 2025, but its regulatory implementing text is still awaited (and has been tightly circumscribed by the Constitutional Court, which, in decision No 251.25 M.D of 12 March 2025, prohibited the introduction by regulation of new strike situations or modalities beyond those set out in the organic law).

In terms of intellectual property, OMPIC has launched, under a Swiss PartnershIP Morocco project with the Swiss State Secretariat for Economic Affairs a comprehensive review of Law No 17-97 and its implementing texts over 2026–27. The announced themes include the introduction of utility models to protect less technically complex innovations accessible to SMEs, the possibility of provisional patent applications, and a re-drafting of the rules on industrial designs, geographical indications and appellations of origin.

With respect to copyright (droit d’auteur), on 4 June 2026 the Government Council adopted Draft Law No 013.26 amending and supplementing Law No 2-00 to adapt the framework to technological and digital developments and clarify several fundamental copyright concepts.

Finally, regarding data protection and new technologies, a substantial reform of the personal data framework has been under discussion for several years, with the stated objective of aligning Law No 09-08 with the GDPR in terms of legal bases, accountability and sanction levels. As things stand, no definitive text has yet been approved and Law No 09-08 remains in force, but a future overhaul should be anticipated. Closely linked to this, the Ministry of Digital Transition has prepared, in consultation with stakeholders, a draft framework law on artificial intelligence establishing core principles, compliance obligations, regulatory mechanisms and ethical safeguards, and its submission to Parliament has been announced.

Gide Loyrette Nouel

Walili Building
65, Main Street
Finance District
CFC, Hay Hassani
20220 Casablanca
Morocco

(+212) 5 22 48 90 00

(+212) 05 22 48 90 01

morocco@gide.com www.gide.com
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Law and Practice

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Gide Loyrette Nouel is an international firm with approximately 500 lawyers, including around 100 partners, operating from 10 offices across Europe, North America, Africa and Asia – including Paris, Casablanca, London, Brussels, New York, Dakar, Tunis and Dubai. Present in Morocco since 2003, the Casablanca office comprises approximately 20 legal practitioners, including four partners, and is widely recognised for its expert knowledge of the electricity sector and renewable energy. Gide advises leading Moroccan and international clients on complex, often cross-border matters, ranging from mergers & acquisitions to commercial contracts. The team also handles large-scale infrastructure, energy and project finance transactions, as well as major real estate and tourism projects.

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