eSignature legality summary
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.
Types of permitted electronic signature
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.
Documents that may be signed electronically
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.
Use with caution / not typically appropriate
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.
- Wills and testamentary documents
- Marriage contracts and family-law acts
- Real-property transfers and acts requiring a notarial or authenticated deed
- Certain powers of attorney requiring registration or a prescribed form
Seminal court cases
None reported.
Primary sources
Disclaimer: This guide is general information, not legal advice, and is not a guarantee that any signature will be enforceable for a particular document, transaction, or jurisdiction. E-signature and data-protection laws change frequently. Confirm the requirements for your specific document and parties, and consult a licensed lawyer in the relevant country before relying on electronic signing.
Last reviewed: June 15, 2026