Best E-commerce & Internet Law Lawyers in Tétouan

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

E-commerce and Internet law in Tétouan sits within Morocco’s national legal framework that governs online business formation, digital contracts and signatures, consumer protection, privacy, cybersecurity, intellectual property, advertising, payments, taxation and cross-border logistics. Courts and regulators in Tétouan apply national statutes and regulations, with practical considerations shaped by the region’s proximity to Tangier Med port and the Ceuta border. If you sell goods or services online from Tétouan, collect or process personal data, use a .ma domain, market to Moroccan consumers, handle online payments, or trade across borders, you operate in a regulated environment that requires careful compliance planning and well-drafted contractual documents.

Why You May Need a Lawyer

Launching or scaling an online store or platform can trigger multiple legal obligations at the same time. You may need a lawyer to select and register an appropriate business structure, draft website terms, privacy notices and return policies that meet Moroccan consumer law, structure compliant marketing and email practices, register and protect trademarks and copyrights, negotiate platform and supplier agreements, set up compliant payment flows and escrow arrangements, file personal data processing notifications with the national data protection authority, implement cross-border data transfer mechanisms, respond to takedown demands or defamation claims, manage cybersecurity and incident response, resolve chargebacks and consumer disputes, handle customs and VAT for cross-border sales, and represent you before regulators or courts in the event of audits, investigations or litigation.

Local Laws Overview

Electronic contracts and signatures: Moroccan law recognizes the legal validity of electronic writings and electronic signatures when integrity and identification requirements are met. Qualified electronic signatures issued by recognized service providers carry evidentiary weight similar to handwritten signatures. Platform onboarding flows, clickwrap acceptance and electronic invoices can be valid if designed and retained properly.

Consumer protection and distance selling: Law 31-08 on consumer protection applies to B2C online sales. Merchants must display clear pre-contract information such as identity, price inclusive of taxes, delivery costs, main characteristics, payment methods and complaint channels. Distance selling rules provide a consumer right of withdrawal within a statutory period, require confirmation of the contract on a durable medium, and set refund and delivery obligations. Advertising must be honest, not misleading, and any promotions or prize draws must follow specific transparency rules.

Personal data and privacy: Law 09-08 governs the protection of personal data processed in Morocco. Many processing activities must be notified to or authorized by the Commission Nationale de Controle de la Protection des Donnees a Caractere Personnel known as the CNDP. Transfers of personal data outside Morocco generally require prior authorization unless an exception applies. Controllers must process data lawfully, transparently and for specified purposes, collect no more data than necessary, protect it with appropriate security, and honor data subject rights such as access, rectification and objection. Cookies and similar technologies should be disclosed and consent may be required depending on purpose.

Cybercrime and security: The Penal Code includes offenses related to unauthorized access to information systems, data interference, fraud and content-related crimes. Companies are expected to implement reasonable technical and organizational measures to prevent breaches, and sectoral rules or CNDP directives may require notifying authorities and affected individuals after serious incidents.

Intellectual property online: Law 2-00 on copyright and related rights and Law 17-97 on industrial property protect content, software, trademarks, designs and patents. Online merchants should register core trademarks, police marketplace listings, include IP clauses in partner and developer contracts, and use notice and takedown procedures against infringing content.

Domains and telecoms: The Agence Nationale de Reglementation des Telecommunications known as ANRT oversees telecoms and the .ma country code top-level domain. .ma domain disputes can be resolved through procedures modelled on international domain dispute policies or via courts. Keep accurate WHOIS data and align domain use with trademark rights.

Payments and fintech: Payment services and e-money are supervised by Bank Al-Maghrib under the credit institutions framework. Merchants must use licensed payment service providers, meet strong authentication and security expectations, and comply with anti-money laundering and counter-terrorist financing rules when applicable. Card data protection standards and secure checkout practices are essential.

Taxation and invoicing: Online businesses must register for applicable taxes, charge VAT on taxable supplies, and keep compliant invoices and records. Rules for non-resident digital suppliers and e-invoicing are evolving, so local tax advice is important. Returns, discounts and shipping fees must be reflected correctly in tax calculations.

Cross-border trade and logistics: Tétouan’s proximity to Ceuta and Tangier Med increases cross-border sales and returns. You must classify goods correctly, provide accurate customs declarations, respect export controls and sanctions, and disclose duties and delivery terms clearly to consumers. Returns should be operationalized in a way that remains compliant with consumer and customs rules.

Evidence and litigation: Electronic records are admissible if integrity and origin can be proven. Merchant systems for logging consent, orders, delivery confirmation and customer communications are critical for dispute resolution. Commercial disputes in the region are heard by the competent commercial courts, and arbitration or mediation can be used if agreed by contract.

Frequently Asked Questions

Are electronic signatures and click-accepts valid for online sales in Morocco

Yes, electronic contracts and signatures are generally valid if you can identify the signatory and ensure document integrity. Clickwrap acceptance flows that clearly present terms and capture affirmative consent, coupled with robust logs, are widely used. For higher risk transactions consider a qualified electronic signature issued by a recognized provider.

Do I need to register a company in Tétouan to sell online

If you are operating on a continuous basis in Morocco you should register a legal entity or as a self-employed professional, obtain a tax ID, and enroll for social and municipal obligations. Registration is handled through regional one-stop services and the commercial registry. A lawyer or chartered accountant can help select the right vehicle and complete formalities.

What must my website terms and policies include

Provide clear terms of sale, privacy notice, cookie notice, return and refund policy, delivery conditions, warranty information, complaint handling and contact details. Prices should include taxes and disclose shipping and any additional fees. Contracts and mandatory information should be made available in Arabic for consumers, with French or other languages added as appropriate.

What consent do I need for email marketing

You should obtain prior consent from consumers before sending marketing emails, keep evidence of consent, provide an easy unsubscribe and honor opt-outs promptly. Distinguish between transactional messages and promotional content, and ensure that any third party marketing partners respect the same rules.

Do I need CNDP authorization for personal data processing

Many standard processing operations require prior notification to the CNDP, and certain sensitive processing or cross-border transfers may require explicit authorization. Map your data flows, determine the lawful bases you rely on, file the necessary notifications, and implement appropriate security and data retention policies.

What is the consumer right of withdrawal for distance sales

Moroccan consumer law grants a statutory cooling-off period for distance contracts, during which a consumer can withdraw without penalty and obtain a refund. The exact duration and exceptions depend on the product or service type and applicable decrees. State the right clearly, provide a simple withdrawal method and refund within the legal timeframe.

How should I handle returns and refunds

Explain return conditions upfront, provide a return address in Morocco when appropriate, and process refunds within the statutory period after receiving returned goods or proof of shipment. If an item is defective or not conforming, repair or replacement and refund rules under consumer law will apply in addition to contractual policies.

What if my trademark or content is infringed online

Collect evidence such as dated screenshots and URLs, verify your IP registrations, and send a formal cease and desist or platform takedown notice. For persistent infringers consider civil or criminal actions based on copyright or trademark law. Domains that conflict with your mark can be challenged through .ma dispute procedures or in court.

Where are disputes heard for online sales from Tétouan

Jurisdiction depends on the contract and the nature of the dispute. Commercial matters are handled by the competent commercial court for the region, while consumer disputes can be brought where the consumer resides. Include a governing law and jurisdiction clause, and consider arbitration or mediation for B2B agreements.

What should I do after a data breach

Activate your incident response plan, contain and investigate the breach, assess risk to individuals, document actions and decisions, and notify the CNDP and affected individuals where required. Review security controls, contracts with processors and customer communications to prevent recurrence and mitigate liability.

Additional Resources

Commission Nationale de Controle de la Protection des Donnees a Caractere Personnel known as CNDP for data protection notifications, authorizations and guidance. Agence Nationale de Reglementation des Telecommunications known as ANRT for .ma domains and telecom compliance. Bank Al-Maghrib for payment services and e-money oversight. Ministry of Industry and Trade and its consumer protection directorate for distance selling and advertising matters. Moroccan Customs Administration for import, export and returns procedures. Office Marocain de la Propriete Industrielle et Commerciale for trademarks, patents and designs. Regional Investment Center for Tanger-Tétouan-Al Hoceima for business registration support and local incentives. Professional orders and bar associations for referrals to licensed attorneys in Tétouan and Tangier.

Next Steps

Map your business model and data flows, then perform a compliance gap assessment across consumer protection, privacy, payments, IP, advertising, tax and cross-border logistics. Gather core documents such as corporate registration, supplier and platform agreements, payment processor contracts, privacy and cookie notices, terms of sale, and security policies. Consult a lawyer experienced in Moroccan e-commerce law in Tétouan or Tangier to validate your documents, file CNDP notifications, and tailor clauses to your risk profile. Implement operational controls such as consent logging, order and delivery records, return handling procedures, chargeback workflows and incident response. Train your staff on customer service obligations, data protection and fraud prevention. Monitor legal updates and regulator guidance and schedule periodic reviews as your product lines, markets or technologies change.