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OFFICIAL BULLETIN

Article 7

1357

Dahir nƒ 1Y07Y129 of 19 kaada 1428 (November 30, 2007)
promulgating Law No. 53Y05 relating to
electronic exchange of legal data.
BBBBBBBBB

The national electronic identity card exempts from the
production of the birth certificate, residence certificate,
certificate of life or certificate of nationality in all

PRAISE TO GOD ALONE!

procedures for which these documents must be produced.

(Great Seal of His Majesty Mohammed VI)

Article 8

Let it be known hereby - may God uplift and
to strengthen its content!

The national electronic identity card must be renewed
in the following cases:

May Our Cherifian Majesty,

- modification of the first name, last name or date of

Having regard to the Constitution, in particular Articles 26 and 58,

birth ;

HAS DECIDED AS FOLLOWS:

- rectification of the place of birth, the number of the document

Is promulgated and will be published in the Official Bulletin, following
of the present dahir, law no.53Y05 relating to electronic exchange
legal data, as adopted by the Chamber of
representatives and the House of Councilors.

civil status or filiation;
- change of domicile;
- loss, theft or alteration of the national card

Done at Guelmim on 19 kaada 1428 (November 30, 2007).

electronic identity;

For countersignature:

- the expiry of the period of validity.

The Prime Minister,

Article 9

A BBAS E L F ASSI .

Anyone over the age of

k

18 years old, who fails to be issued the national card
electronic identity.

kk

Anyone who does not
Law no.53Y05
on electronic exchange
legal data

have not requested the renewal of their national identity card
electronic in accordance with the provisions of article 8 above.
Anyone who,

-------

although the holder of the national electronic identity card, was unable to

PRELIMINARY CHAPTER

present it to the requisitions of police officers and agents

A RTICLE FIRST

judicial.

This law sets the regime applicable to data
documents exchanged electronically, on the basis of
documents drawn up in paper and electronic form and at the
electronic signature.

Article 10
The provisions of this law come into force in
a period of three months from the date of publication

It also determines the legal framework applicable to
operations carried out by service providers
electronic certification, as well as the rules to be observed by these
last and holders of electronic certificates issued.

in the "Official Bulletin" of the regulatory text to be taken
for its full application, for first-time applicants
issuance of the national electronic identity card.
National identity cards, previously issued to

TITLE ONE

the date of entry into force of this law and of validity, are

T HE VALIDITY OF ACTS DRAWN UP UNDER

valid until a date to be fixed by the government for their

ELECTRONIC OR TRANSMITTED BY ROUTE

replacement by the national electronic identity card and

ELECTRONIC

remain governed by the provisions of the dahir on law n ° 1Y73Y560

Article 2

of 25 safar 1397 (February 15, 1977) establishing the identity card

The first chapter of the first title of the first book of
dahir forming code of obligations and contracts is completed
by article 2Y1 as follows:

national.
Subject to the foregoing, the

"Article 2Y1. - When a writing is required for validity
"Of a legal act, it can be drawn up and kept in the form
"Electronic under the conditions provided for in Articles 417Y1
"And 417Y2 below.

provisions of the dahir establishing law nƒ 1Y73Y560 of 25 safar 1397
(February 15, 1977) cited above.

"When a written statement is required by the hand of
"Whoever obliges himself, the latter can affix it in the form
"Electronic, if the conditions of this affixing are of a
"To ensure that it can only be done by himself."

222
The text in Arabic was published in the general edition of the
“Official Bulletin” No. 5583 of 22 kaada 1428 (December 3, 2007).

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1358

OFFICIAL BULLETIN

"However, acts relating to the application of
"Provisions of the family code and deeds under private signature
"Relating to personal or real securities, of a civil or
"Commercial, are not subject to the provisions of
"This law, with the exception of acts drawn up by a person
“For the needs of his profession. "

Nƒ 5584 - 25 kaada 1428 (6Y12Y2007)

“5 Y the languages ​offered for the conclusion of the contract;
"6 Y the terms of archiving of the contract by the author of
"The offer and the conditions of access to the archived contract, if the nature
“Or the object of the contract justifies it;
"7Y the means of consulting, by electronic means,
"Professional and commercial rules to which the author of
“The offer intends, where appropriate, to submit.

Article 3
The first title of the first book of the dahir forming the Code of
obligations and contracts is supplemented by a chapter one bis
designed as follows:

"Any proposal which does not contain all of the
"Statements indicated in this article cannot be
"Considered as an offer and remains a simple advertisement
“And does not commit its author.

"Chapter 1 bis
"From the contract concluded in electronic form
“Or transmitted electronically.

“Section III. - The conclusion of a contract
in electronic form

"Section I. - General provisions

"Article 65Y5. - For the contract to be valid
"Concluded, the recipient of the offer must have had the opportunity to
"Check the details of his order and its total price and correct
"Any errors, and this before confirming the said order for
"Express acceptance.

"Article 65Y1. - Subject to the provisions of this
"Chapter, the validity of the contract concluded in electronic form
"Or transmitted electronically is governed by the provisions
“Of Chapter 1 of this title.
"Article 65Y2. - The provisions of Articles 23 to 30 and 32
“The above are not applicable to this chapter.

"The author of the tender must acknowledge receipt, without delay
"Unjustified and by electronic means, of the acceptance of the offer which
“Was addressed to him.

"Section II. - From the offer

"Article 65Y3. - Electronic means can be used to
"Make contractual offers or
"Information about goods or services with a view to the conclusion
“Of a contract.

"The recipient is irrevocably bound to the offer as soon as it is
"Reception.
“The acceptance of the offer, its confirmation and the acknowledgment of
"Receipt are deemed to have been received when the parties to which they
"Are addressed can have access to it.

"The information that is requested for the
"Conclusion of a contract or those addressed during
"Its execution can be transmitted by e-mail
"If the recipient has expressly accepted the use of this means.

"Section IV. - Miscellaneous

"Articles 65Y6. Y The requirement for a tear-off form is
"Satisfied when, by a specific electronic process, it is
"Allowed to access, complete and return the form
“By the same way.

"Information intended for professionals can
"Be sent to them by e-mail, as soon as they have
"Communicated their email address.
"When the information must be entered on a
"Form, this is put, electronically, to the
"Disposition of the person who must complete it."

"Article 65Y7. - When a plurality of originals is "required,
this requirement is deemed to be met, for acts "established under
electronic form, if the act concerned is established and 'kept
in accordance with the provisions of articles 417Y1, 417Y2 «and 417Y3
below and that the process used allows each of the "parties
interested in having or "access to a copy." "

"Article 65Y4. - Anyone who offers, in a professional capacity,
"By electronic means, the supply of goods, the performance
"Services or the transfer of business or one of
"Their elements make available to the public the conditions
"Contractual applicable in a way that allows them to be
“Conservation and reproduction.

Article 4
Section II of Chapter One, Title Seventh, of the Book
first of the dahir forming the Code of Obligations and Contracts is
supplemented by articles 417Y1, 417Y2 and 417Y3 as follows:

"Without prejudice to the conditions of validity provided for in
“The offer, its author remains committed by it, either during the
"Duration specified in the said offer, or, failing that, as long as it is
“Electronically accessible by itself.

"Section II. - Literal proof

"Article 417Y1. - Written in electronic format at the
“Same probative force as the written document on paper.

“The offer also includes:
"1 Y the main characteristics of the good, of the service
"Proposed or the business concerned or one of its
"Elements;

"Written documents in electronic form are admitted into evidence at
“Same title as writing on paper, provided that
"Can be duly identified the person from whom it emanates and that it
"Is established and kept under conditions such as to
“Guarantee integrity.

"2 Y the conditions of sale of the good or service or those of
“Transfer of the business or one of its elements;
"3 Y the different steps to follow to conclude the contract
"By electronic means and in particular the modalities according to
“Which the parties release from their reciprocal obligations;

"Article 417Y2. - The signature required for perfection
"Of a legal act identifies the person who affixes it and expresses its
“Consent to the obligations arising from this act.

"4 Y the technical means enabling the future user,
"Before concluding the contract, identify the errors
“Committed in entering data and correcting it;

"When the signature is affixed before an officer
“Public authorized to certify, it confers authenticity to the act.

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“When it is electronic, it is advisable to use a
"Reliable identification process guaranteeing its link with the act
"To which it is attached.

1359
TITLE II
D U LEGAL SYSTEM APPLICABLE
SECURE ELECTRONIC SIGNATURE,

"Section 417Y3. - The reliability of a signature process
"Electronic is presumed, until proven otherwise, when this
“Process implements a secure electronic signature.

TO CRYPTOGRAPHY AND ELECTRONIC CERTIFICATION

First chapter
Secure electronic signature and cryptography

"An electronic signature is considered
"Secure when created, the identity of the insured signatory
"And the integrity of the legal act guaranteed, in accordance with
“Current legislation and regulations in this area.

Section 1. - Secure electronic signature

Article 6

The secure electronic signature, provided for by the
"Any document to which an electronic signature is affixed
provisions of article 417Y3 of the Dahir forming the Code of
"Secure and which is time-stamped has the same probative force as the documentobligations and contracts, must meet the following conditions:
“Whose signature is legalized and of certain date. "
- be specific to the signatory;
Article 5
- be created by means that the signatory can keep
The provisions of Articles 417, 425, 426, 440 and 443 of
under its exclusive control;
dahir forming Code of obligations and contracts are amended
- guarantee with the act to which it is attached a link such as
and completed as follows:
any subsequent modification of the said act is detectable.
“Article 417. - The literal proof ……………………….
It must be produced by a device for creating
" private agreement.
electronic signature, attested by a certificate of conformity.
"It can also result from …………………………… and
Electronic signature verification data
"Private documents or any other signs or symbols with
secure must be mentioned in the electronic certificate
"Of an intelligible meaning, whatever their medium and
security provided for in article 10 of this law.
“Their transmission methods.
Article 7
"When the law has not set other rules and, failing that
The signatory, referred to in article 6 above, is the person
"Agreement valid between the parties, the court rules on the
physical, acting on its own behalf or on behalf of the
"Literal proof conflicts by any means, whatever the
natural or legal person that it represents, who puts in
"Medium used.
is implementing an electronic signature creation system.
“Article 425. - Deeds under private signature …………….
Article 8
“……………………………………… on behalf of their debtor.
The electronic signature creation device consists of a
“They have no date against third parties that:
hardware and / or software intended to implement the data
“1ƒ …………………………………………………………
creation of an electronic signature, comprising the elements
distinctive features characterizing the signer, such as the cryptographic key
“………………………… …………………………………
private, used by him to create an electronic signature.
"6ƒY when the date results from the electronic signature
Article 9
"Secure authenticating the act and its signatory in accordance with
“The legislation in force.
The certificate of conformity, provided for in paragraph 2 of article 6
above, is issued by the national approval and regulatory authority.
“The successors and successors ………… in the name of their
monitoring of electronic certification, provided for in Article 15
“Debtor.
of this law, when the signature creation device
“Article 426. - The Act …………………………… ..by it.
electronic meets the following requirements:
"The signature …………………………………… .. at the bottom of
1) guarantee by technical means and procedures
“The act; a stamp or seal cannot replace this and are
appropriate as the electronic signature creation data:
"Considered as not affixed.
a) cannot be established more than once and their
“When it comes to a secure electronic signature, it
confidentiality is assured;
"Agrees to introduce it into the act, under the conditions provided for
b) cannot be found by deduction and the signature
“By the laws and regulations applicable in the matter.
electronics is protected against tampering;
"Article 440. - The copies …………………… originals.
c) can be satisfactorily protected by the
"Copies of a legal document drawn up in
signatory against any use by third parties.
"Electronic are admitted in evidence as soon as the document answers
2) not cause any alteration or modification of the content
"Under the conditions referred to in Articles 417Y1 and 417Y2 and that the
of the deed to be signed and not prevent the signatory in
“The process of preserving the deed allows each party to
have exact knowledge before signing it.
“Have or have access to a copy.
Article 10
"Article 443. - Conventions and other legal facts ....
The link between signature verification data
"… ....... ……………………… ................................ ..... and exceeding
electronic and the signatory is attested by a certificate
"The sum or the value of ten thousand dirhams cannot be
electronic, which consists of a document drawn up in
"Proven by witnesses. It must be passed an authentic act or
electronic.
"Under private signature, possibly drawn up in electronic form
“Or transmitted electronically. "
This electronic certificate can be simple or secure.

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Article 11

Nƒ 5584 - 25 kaada 1428 (6Y12Y2007)

The government fixes:

The electronic certificate, provided for in article 10 above, is
a secure electronic certificate, when issued by a
electronic certification service provider accredited by
the national authority for the approval and supervision of
electronic certification and that it includes the following data:

1. the means or services meeting the criteria referred to in
paragraph a) above;

a) a statement indicating that this certificate is issued as
secure electronic certificate;

The government may provide for a simplified
declaration or authorization or exemption from declaration or
authorization for certain types of resources or services
cryptography or for certain categories of users.

2.the modalities according to which the declaration is subscribed
and issued the authorization, referred to in the previous paragraph.

b) the identity of the certification service provider
electronic, as well as the name of the state in which it
is established ;

Article 14

c) the name of the signatory or a pseudonym where it exists,
the latter must then be identified as such, holder of the
secure electronic certificate;
d) where applicable, an indication of the capacity of the signatory in
depending on the use for which the electronic certificate is intended;
e) the data which allow the signature to be verified
secure electronics;

The supply of means or services of cryptography
subject to authorization is reserved for service providers
electronic certification, approved for this purpose in accordance with
to the provisions of article 21 of this law. Otherwise, the
people who intend to provide cryptography services
subject to authorization, must be approved for this purpose by
administration.
Chapter II

f) identification of the start and end of the term
validity of the electronic certificate;

Certification of the electronic signature

g) the identity code of the electronic certificate;

Section 1. - The national approval authority

h) the secure electronic signature of the service provider
electronic certification services that issue the certificate
electronic;

and monitoring of electronic certification

Article 15
The national authority for the approval and supervision of
electronic certification, hereinafter referred to by the authority
national, has for mission, in addition to the competences which are
devolved by virtue of other articles of this law:

i) where applicable, the conditions of use of the certificate
electronic, in particular the maximum amount of transactions
for which this certificate can be used.
Section 2. - Cryptography

- to propose to the government the standards of the system
approval and take the necessary measures to
Implementation ;

Article 12
The main purpose of cryptography is to
guarantee the security of data exchange and / or storage
electronic legal means, in a way that ensures
their confidentiality, authentication and control of their
integrity.

- approving certification service providers
electronics and control their activities.
Article 16

By means of cryptography is meant any material and / or
software designed or modified to transform data,
whether it is information, signals or symbols,
using secret conventions or to carry out the operation
inverse, with or without a secret convention.

The national authority publishes an extract of the decision
of approval to the "Official Bulletin" and keeps a register of
accredited electronic certification service providers, which
is the subject, at the end of each year, of a publication in the
" Official Bulletin ".

Cryptography service is understood to mean any operation
aiming at the use, on behalf of others, of means of
cryptography.

Article 17
The national authority ensures compliance by providers
electronic certification services issuing certificates
secure electronic systems, the commitments provided for by the
provisions of this law and of the texts adopted for its
application.

Article 13
In order to prevent illegal use and for
preserve the interests of national defense and security
internal or external state, import, export,
supply, operation or use of means or
cryptography services are subject to:

Article 18
The national authority may, either ex officio or at the request of
any interested person, verify or have verified compliance
the activities of a certification service provider
electronic delivery of secure electronic certificates to
provisions of this law or of the texts adopted for its
application. It may have recourse to experts for the
carrying out its control missions.

a) upon prior declaration, when this means or
the sole purpose of the service is to authenticate a transmission or
to ensure the completeness of the data
transmitted by way
electronic;
b) with the prior authorization of the administration, when
is another object than that referred to in paragraph a) above.

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article 19

1361

3 - commit to:

In the performance of their verification mission,
referred to in article 18 above, the agents of the national authority,
as well as the experts appointed by it, upon justification of
their qualities, the right of access to any establishment and
become acquainted with all the mechanisms and technical means
relating to the secure electronic certification services that they
consider useful or necessary for the accomplishment of their
mission.

3Y1 - verify, on the one hand, the identity of the person to whom
an electronic certificate is issued, requiring it
presentation of an official identity document for
make sure that the person has the legal capacity to
on the other hand, the quality of which this person
avails itself and retains the characteristics and
references of documents presented to justify
this identity and this quality;

Section 2. - Certification service providers

3Y2 - make sure when issuing the certificate
electronic:

electronic

article 20

a) that the information it contains is accurate;

Only electronic certification service providers
approved under the conditions set by this law and the texts
taken for its application can issue and deliver the
secure electronic certificates and manage the services therein
related.

b) that the signatory identified therein holds the data of
creation of an electronic signature corresponding to the
verification of electronic signature contained in the certificate;
3Y3 - inform, in writing, the person requesting the
issuance of an electronic certificate prior to
the conclusion of a contract for the provision of
electronic certification:

article 21
To be able to be approved as a service provider
electronic certification, the license applicant must
be incorporated as a company with its registered office on the
territory of the Kingdom and:

(a) the terms and conditions for using the certificate;
b) modalities for contesting and settling disputes;

1 - l fulfill technical conditions guaranteeing:
a - the reliability of the electronic certification services that it
provides, especially
the security
technical
cryptographic functions performed by systems
and the cryptographic means it offers;

and

b - confidentiality of signature creation data
electronic form that it provides to the signatory;

3Y4 - provide people who rely on a certificate
electronic elements of the information provided for in
previous point that are useful to them;
3Y5 - inform the holders of the secure certificate at least
sixty (60) days before the expiry date of the
validity of their certificate, its expiry date and
invite them to renew it or request its revocation;
3Y6 - take out insurance to cover damage
resulting from their professional misconduct;

c - the availability of qualified personnel
necessary for the provision of certification services
electronic;

3Y7 - revoke an electronic certificate, when:

d - the possibility, for the person to whom the certificate
electronic has been issued, to revoke, without delay and
with certainty, this certificate;
e - determining, with precision, the date and time of
issuance and revocation of an electronic certificate;

a) it turns out that it was issued on the basis of information
erroneous or falsified, that the information contained in said
certificate no longer conforms to reality or that the
confidentiality of data relating to the creation of a signature
been raped;
b) the judicial authorities order him
to inform
immediately the holders of the secure certificates issued by
him for their non-compliance with the provisions of this law and
texts taken for its application.

f - the existence of a safety system designed to prevent
falsification of electronic certificates and to ensure
that the creation data of the electronic signature
correspond to the data of its verification when
are provided both creation data and
electronic signature verification data.

article 22
By way of derogation from the provisions of Articles 20 and 21 above:

2 - be able to keep, possibly in the form
electronic, all information relating to the certificate
electronics that might be necessary to make the
legal proof of electronic certification, subject to
that electronic certificate retention systems
guarantee that:
a - data entry and modification are
reserved for only persons authorized for this purpose by
the provider ;
b - public access to an electronic certificate cannot be
take place without the prior consent of the holder of the
certificate ;
c - any modification likely to compromise safety
system can be detected;

1 - certificates issued by a service provider
electronic certification, established in a foreign country have the
same legal value as those issued by a service provider
electronic certification established in Morocco if the certificate or
certification service provider is recognized within the framework
of a multilateral agreement to which Morocco is a party or of a
bilateral reciprocal recognition agreement between Morocco and
country of establishment of the service provider;
2 - can be approved the service providers of
electronic certification headquartered in
abroad, provided that the State in whose territory they
carry out their activity has concluded with the Kingdom of Morocco a
reciprocal recognition agreement for service providers
electronic certification services.

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article 23

article 28

The signature certification service provider
electronics that issues, issues and manages electronic certificates
inform the administration in advance, within a maximum of
two months, of his desire to end his activities.
in which case, he must ensure that they are taken back by a
electronic certification service provider guaranteeing a
same level of quality and safety or, failing this, revoke the
certificates within a maximum period of two months after having
warned the holders.
It also informs the national authority, without delay, of
the cessation of its activities in the event of judicial liquidation.
article 24
Electronic certification service providers
are required, for themselves and for their employees,
respect for professional secrecy, under penalty of the penalties provided for
by the legislation in force.
They are responsible, in terms of common law, for
their negligence, lack of respect or professional inadequacy, both
vis-à-vis their co-contractors than third parties.
Electronic certification service providers
must keep the certificate creation data and are
required, by order of the Public Prosecutor, to communicate them to
judicial authorities under the conditions provided for by the
legislation. In this case, and notwithstanding any provision
contrary legislation, certification service providers
electronic system inform the users concerned without delay.
The obligation of professional secrecy, referred to in the first
paragraph above, is not applicable:
- with regard to the administrative authorities, duly authorized
in accordance with the legislation in force;
- with regard to the agents and experts of the national authority and
agents and officers referred to in article 41 below in
the exercise of the powers provided for in Articles 19 and 41 of the
this law;
- if the holder of the electronic signature has consented to the
publication or communication of information
provided to the certification service provider
electronic.
Section 3. - The obligation of the holder of the electronic certificate

When an electronic certificate has expired or has
been revoked, its holder can no longer use the data
relating to the creation of corresponding signatures to sign
or have this data certified by another service provider
electronic certification.
Chapter III
Sanctions, preventive measures
and the finding of infringements
article 29
Is punished by a fine of 10,000 to 100,000 DH and a
imprisonment from three months to one year, whoever has provided
secure electronic certification services without
be approved under the conditions provided for in article 21 above or
will have continued its activity despite the withdrawal of its authorization or
will have issued, issued or managed secure electronic certificates in
violation of the provisions of article 20 above.
article 30
Without prejudice to more severe penal provisions, is
punishable by imprisonment from one month to six months and a fine
from 20,000 DH to 50,000 DH anyone who discloses, incites or
participates in disclosing the information entrusted to it in
within the framework of the exercise of its activities or functions.
However, the provisions of this article are not
applicable to the authorized publication or communication, by
written on paper or electronically, by the holder
electronic certificate or publication or
communication authorized by the legislation in force.
article 31
Without prejudice to more severe penal provisions, is
punishable by imprisonment from one to five years and a fine
from 100,000 DH to 500,000 DH, anyone who knowingly made
false statements or given false documents to the service provider
electronic certification services.
article 32
Is punished by one year's imprisonment and a fine of
100,000 DH, anyone who has imported, exported, supplied, exploited or
used one of the means or a service of cryptography without the
declaration or authorization required in Articles 13 and 14 above.
The court may, in addition, order the confiscation of
means of cryptography concerned.

article 25
From the moment of creation of the data relating to the
signature creation, the holder of the electronic certificate is
solely responsible for the confidentiality and integrity of the data
pertaining to the signature creation it uses. Any use
of these is deemed, unless proven otherwise, to be its doing.
article 26
The holder of the electronic certificate is required, within
as soon as possible, to notify the certification service provider
any modification of the information contained therein.

article 33
When a means of cryptography, within the meaning of Article 14
above, has been used to prepare or commit a crime or
an offense or to facilitate its preparation or commission, the
maximum custodial sentence incurred is increased
as follows:
- he is brought to life imprisonment, when
the offense is punished by thirty years of criminal imprisonment;

article 27
In case of doubt as to the maintenance of the confidentiality of
data relating to the creation of a signature or loss of
conformity with the reality of the information contained in the
certificate, its holder is required to
revoke it
immediately in accordance with the provisions of article 21
of this law.

- it is increased to thirty years of criminal imprisonment, when
the offense is punished by twenty years of criminal imprisonment;
- it is increased to twenty years of criminal imprisonment, when
the offense is punished by fifteen years
of seclusion
criminal;
- it is increased to fifteen years of criminal imprisonment, when
the offense is punished by ten years of criminal imprisonment;

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- it is increased to ten years of criminal imprisonment, when
the offense is punished by five years of criminal imprisonment;
- it is doubled, when the offense is punished by
up to three years' imprisonment.
However, the provisions of this article are not
applicable to the perpetrator or accomplice of the offense who, at the
request from the judicial or administrative authorities, handed them
the unencrypted version of the encrypted messages, as well as
secret conventions necessary for decryption.
article 34
Unless it can be demonstrated that they have committed no fault
intentional or negligent, persons providing
cryptography services for confidentiality purposes are
responsible, under these services, for the damage caused to
people entrusting them with the management of their secret conventions
cases of breaches of integrity, confidentiality or availability
data transformed using these conventions.
article 35
Is punished by imprisonment from one to five years and one
fine of 10,000 DH to 100,000 DH, whoever uses, from
illegally, personal signature creation elements
relating to the signature of others.
article 36
Is punished by a fine of 10,000 DH to 100,000 DH and
from three months to six months imprisonment, any provider of
electronic certification services that do not comply
the obligation to inform the national authority provided for in
section 23 above.
In addition, the culprit can be beaten, for a period of
five years, from the prohibition of the exercise of any
provision of electronic certification services.
article 37
Is punished by a fine of 10,000 DH to 100,000 DH and a
imprisonment from six months to two years, any holder of a
electronic certificate that continues to use said certificate arrived
expired or revoked.
article 38
Without prejudice to more severe penal provisions, is punished
to a fine of 50,000 to 500,000 DH anyone who uses
unduly, a company name, an advertisement and, in general,
any expression suggesting that it is approved in accordance with
provisions of article 21 above.
article 39
When, on the report of its agents or experts, the authority
national government notes that the certification service provider
electronic device delivering secure certificates no longer responds to
one of the conditions set out in article 21 above or that its
activities do not comply with the provisions of this
law or regulations adopted for its application, it invites it to
comply with said conditions or provisions, within the time
that it determines.

1363

When the activities of the offender are likely to lead to
infringement of national defense or security requirements
internal or external state, the national authority is empowered
to take all precautionary measures necessary to make
cease said activities, without prejudice to criminal proceedings
that they call.
article 40
When the offender is a legal person, and
without prejudice to the penalties that may be applied to his
managers, perpetrators of any of the above offenses, the
fines provided for in this chapter are doubled.
In addition, the legal person may be punished by one of the
the following penalties:
- partial confiscation of his property;
- confiscation provided for in article 89 of the penal code;
- the closure of the person's establishment (s)
morality used to commit the offenses.
article 41
In addition to the officers and agents of the judicial police and the agents
customs officers in their area of ​competence, customs officers
the national authority empowered for this purpose and sworn in
forms of common law can seek and ascertain, by
Minutes, infringements of the provisions of this law
and texts taken for its application. Their minutes are
transmitted within five days to the King's Prosecutor.
The agents and officers referred to in the previous paragraph may
access the premises, land or means of transport used
professional, request the communication of all documents
professionals and take a copy, collect, upon convocation or
on site, information and justifications.
They can proceed, in these same places, to the seizure of
means referred to in article 12 above by order of the public prosecutor
King or examining magistrate.
The means seized appear in the Yverbal report drawn up on the
places. The originals of the minutes and the inventory are
transmitted to the judicial authority which ordered the seizure.
Chapter VI
Final provisions
article 42
The conditions and modalities of application of the provisions
of this law, real rights are fixed by decree.
article 43
By way of derogation from the provisions of the first paragraph of
Article 21 above, the government may, on a proposal from
the national authority referred to in Article 15, and subject to the

After this period, if the service provider has not complied with it,
public service, approve legal persons governed by public law
the national authority withdraws the authorization issued, proceeds to the
to issue and issue secure electronic certificates and
removal of the service provider from the register of approved service providers and
manage the related services, under the conditions set
publication in the "Official Bulletin" of an extract from the decision of
withdrawal of approval.
by this law and the texts adopted for its application.

