Best E-commerce & Internet Law Lawyers in Tétouan

About E-commerce & Internet Law Law in Tétouan, Morocco

E-commerce and Internet activities in Tétouan are governed by national Moroccan laws that apply uniformly across the country. The legal framework recognizes electronic contracts and signatures, protects consumers who buy at a distance, regulates the collection and use of personal data, addresses cybersecurity and cybercrime, and protects intellectual property in the online environment. Because Tétouan sits near the Strait of Gibraltar and close to Ceuta, many local businesses sell to customers both in Morocco and abroad, so cross-border compliance and practical issues like customs, taxation, and language of consumer disclosures are frequent considerations.

Morocco follows a civil law tradition. Courts in the Tanger-Tétouan-Al Hoceima region, including the Commercial Court in Tangier and first instance courts in Tétouan, hear disputes that arise from online sales, domain name issues, contract breaches, and cyber offenses. Regulatory authorities such as the data protection authority and the telecom regulator operate nationally but their decisions and guidance directly affect online businesses in Tétouan.

Why You May Need a Lawyer

Starting or scaling an online store or platform often requires legal planning. A lawyer can help you choose the right business form, register with the trade register, obtain a tax identification, and align your site terms and policies with Moroccan law. If you sell to consumers, you will need clear pre-contract information, a compliant checkout flow, a returns and refund policy that respects Moroccan withdrawal rights, and compliant advertising and pricing practices. If you process personal data, a lawyer can guide you through privacy notices, consent, vendor agreements, cross-border transfers, and filings before the Moroccan data protection authority.

Practical situations where legal help is useful include drafting terms of service, privacy and cookies policies, and marketplace rules, reviewing influencer and affiliate marketing arrangements, setting up compliant emailing and SMS campaigns, negotiating payment service and logistics contracts, and resolving chargebacks. You may also need help handling a data breach, responding to customer complaints or regulator inquiries, managing a domain name or trademark dispute, or pursuing takedown of infringing or defamatory content. Cross-border sales from Tétouan to customers in Europe or elsewhere raise questions about applicable law, taxes, customs, and language of disclosures, which benefit from tailored legal advice.

Local Laws Overview

Electronic contracting and signatures. Law 53-05 on the electronic exchange of legal data recognizes the legal effect and evidentiary value of electronic writings and signatures. Qualified electronic signatures supported by a recognized certificate have probative force similar to handwritten signatures. The law also sets requirements for trusted service providers and electronic archiving.

Consumer protection in distance selling. Law 31-08 on consumer protection contains detailed rules for online and other distance sales. Traders must provide clear pre-contract information, confirm orders, and respect delivery commitments. A cooling-off period generally allows consumers to withdraw within a short period after delivery for certain distance purchases, subject to exceptions such as perishable or customized goods. Advertising must be fair and not misleading, and total prices including taxes and fees should be displayed.

Personal data protection. Law 09-08 on the protection of individuals with regard to the processing of personal data establishes principles for lawful, fair, and transparent processing, data subject rights, and controller obligations. Many processing operations must be notified to the data protection authority, and transfers of personal data outside Morocco typically require prior authorization unless an exemption applies. In practice, most websites need a compliant privacy notice, a cookies approach that respects consent for non-essential cookies, and contracts with service providers that ensure adequate protection.

Cybercrime and cybersecurity. Amendments to the Penal Code and Code of Criminal Procedure, including Law 07-03, criminalize offenses such as unauthorized access, system interference, data interference, and computer-related fraud. Morocco also has a national cybersecurity framework and institutions that issue guidance on security practices and incident handling. Businesses are expected to adopt reasonable security measures appropriate to the risks and to preserve electronic evidence when incidents occur.

Intellectual property and domain names. Law 17-97 on industrial property protects trademarks, trade names, patents, and designs. Copyright and related rights are protected under Law 2-00 and amendments. Online sellers should avoid using others trademarks or copyrighted works without permission. Disputes over .ma domain names can be resolved through an administrative procedure inspired by international practice or through the courts. Choosing and registering a distinctive brand and domain name early helps prevent conflicts.

Payments and fintech. Payment services and electronic money are regulated at the national level. Merchants that accept cards online typically contract with licensed payment providers and must meet security and fraud prevention requirements set by those providers and card schemes. Clear refund and chargeback procedures reduce disputes.

Tax and invoicing. E-commerce revenues are taxable. Depending on your structure, you may be subject to income tax or corporate tax, value added tax, and professional tax. Moroccan rules require proper invoicing and recordkeeping, and electronic invoicing is being rolled out progressively. Auto-entrepreneur status offers a simplified regime for eligible small sellers. Cross-border sales may trigger customs and foreign tax considerations that should be reviewed case by case.

Language and disclosures. In practice, consumer-facing information should be provided in clear and understandable language for Moroccan consumers, typically Arabic and or French. Required disclosures include trader identity and contact details, main product characteristics, total price including taxes and fees, delivery costs and times, warranty and after-sales service information, the right of withdrawal when applicable, and complaint channels.

Frequently Asked Questions

Are electronic signatures valid for online contracts in Morocco

Yes. Law 53-05 recognizes the legal validity of electronic writings and signatures. A qualified electronic signature backed by a recognized certificate is treated similarly to a handwritten signature for evidentiary purposes. For low-risk consumer transactions, click-to-accept with clear consent language is common, but higher-risk agreements may warrant a qualified e-signature.

What information must my website show before a customer places an order

You should display your business name, trade register details if applicable, address and contact information, the main characteristics of the goods or services, the total price including taxes and fees, delivery costs and timelines, accepted payment methods, the existence and conditions of the right of withdrawal when applicable, warranty and after-sales service, and your terms of service and privacy policy. The checkout flow should make key terms clear and obtain express customer consent.

What is the cooling-off period for online consumer purchases

Moroccan consumer law generally grants a short withdrawal period for certain distance contracts, commonly understood as 7 days from receipt, with statutory exceptions such as perishable items, customized goods, and services that have begun with the consumer’s consent. After a valid withdrawal, the trader must refund within a set timeframe. Always check the current text and implementing decrees for details that apply to your product category.

Do I need to notify the data protection authority about my website’s data processing

In many cases yes. Law 09-08 requires prior notification to the authority for processing personal data, and prior authorization for certain high-risk processing and for transfers of personal data outside Morocco unless an exemption applies. You also need a compliant privacy notice, a lawful basis for processing such as consent or contract performance, and appropriate security measures.

Can I use cookies and analytics without asking users

Essential cookies that are strictly necessary for the service can usually be used without consent. Non-essential cookies such as analytics, advertising, or social media trackers generally require prior consent. Provide a clear cookies notice, obtain consent before setting non-essential cookies, and allow users to change their choices.

How are .ma domain name disputes handled

.ma domain disputes can be resolved through an administrative procedure that allows trademark owners to challenge bad faith registrations, or through the Moroccan courts. Evidence of rights in a mark, similarity, and bad faith are typically considered. Early brand clearance and prompt action against infringing domains are important.

What should I do if my online store is hacked or I suffer a data breach

Act quickly to contain the incident, preserve logs and evidence, and assess what personal data or systems were affected. Depending on your processing and authorizations, you may have to notify the data protection authority and inform affected individuals. Consider engaging cybersecurity experts, filing a criminal complaint with competent police units, and communicating transparently with customers. Review and improve your security controls after the incident.

Are influencer and online ads regulated in Morocco

Yes. Advertising must not be misleading, and material connections between advertisers and influencers should be disclosed so consumers are not deceived. Price promotions should be genuine, and comparative or health related claims must be substantiated. Sector specific rules may apply to products like food supplements, alcohol, tobacco, or financial services.

What taxes apply to e-commerce in Morocco

Online sellers are subject to the same taxes as offline traders, including income tax or corporate tax, value added tax when applicable, and professional tax. You must register your business, keep proper accounts, and issue invoices that meet Moroccan requirements. The auto-entrepreneur regime can simplify obligations for qualifying small sellers. Cross-border sales may involve customs and foreign VAT obligations that should be assessed in advance.

Which law governs cross-border online sales from Tétouan

You can include a choice-of-law and jurisdiction clause in your terms, but mandatory consumer protection rules of the consumer’s country may still apply in some cases. Moroccan mandatory rules apply when selling to Moroccan consumers. Disputes can be taken to Moroccan courts under applicable jurisdiction rules, and parties can agree to arbitration or mediation under Moroccan law on arbitration and conventional mediation.

Additional Resources

Moroccan data protection authority, known as the Commission Nationale de Controle de la Protection des Donnees a Caractere Personnel, which publishes decisions and guidance and receives notifications and authorization requests for data processing and cross-border transfers.

National telecom and domain name regulator, the Agence Nationale de Reglementation des Telecommunications, which oversees .ma domain names and provides an administrative dispute procedure for domain conflicts.

National cybersecurity authority and computer incident response resources, coordinated by the national body responsible for the security of information systems, which issues security guidelines and best practices and supports incident handling.

Office Marocain de la Propriete Industrielle et Commerciale for trademark and patent filings and brand clearance, and for consultation of the trade register when setting up a company.

General Tax Directorate for tax registration, invoicing rules, and the progressive rollout of electronic invoicing, as well as guidance on VAT and other taxes.

Consumer protection services within the Ministry in charge of industry and trade for information on consumer rights, distance selling, and complaint mechanisms.

Commercial courts in Tangier and courts of first instance in Tétouan for litigation related to contracts, consumer disputes, and injunctions for online infringements.

Local professional organizations such as the Ordre des avocats de Tétouan, which can help identify lawyers experienced in E-commerce and Internet matters.

Next Steps

Map your activities. List what you sell, where your customers are, which data you collect, which vendors you use, and how you deliver and support products. This helps identify the laws that apply and the documents you need.

Audit your website and operations. Check that your pre-contract information, checkout, pricing display, terms of service, privacy and cookies notices, returns policy, and customer service practices align with Moroccan consumer and data protection rules. Confirm that security measures and logging are proportionate to your risks.

Protect your brand and domain. Run a trademark clearance, register your mark with the industrial property office, and register relevant .ma domains. Set up a process to handle infringement, impersonation, and counterfeit issues.

Address privacy compliance. Prepare a privacy notice, a data map and retention schedule, and processor agreements. File required notifications, and if you transfer personal data outside Morocco, plan for authorization and safeguards. Implement a cookies consent mechanism that reflects user choices.

Set up tax and invoicing. Register for taxes, choose the appropriate regime such as company or auto-entrepreneur, validate VAT obligations, and ensure your invoices contain required information. Align with the electronic invoicing rollout as applicable to your activity and size.

Plan for incidents and disputes. Create an incident response plan, define who to contact in case of a breach, and establish customer complaint and refund procedures. Consider mediation or arbitration clauses suitable for your business and ensure they are enforceable.

Engage a local lawyer. Look for counsel experienced in E-commerce and Internet law who knows the practices of courts and regulators affecting Tétouan. Share your business model, documents, and risk areas. Ask for a compliance roadmap with priorities, timelines, and estimated costs.

This guide provides general information and does not replace legal advice. Laws and guidance can change and their application depends on your specific facts. If you operate or plan to operate online in Tétouan, consult a qualified lawyer to receive advice tailored to your situation.