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What is the legal age of adulthood/ majority in your jurisdiction? Are all persons below this age considered a child/ minor?
The age of majority is set at eighteen years (Article 209 of Law No. 70-03 enacting the Family Code).
Has the UNCRC been directly incorporated into national law in your jurisdiction?
Yes.
Morocco signed the United Nations Convention on the Rights of the Child on January 26, 1990, and ratified it on June 21, 1993.
Is there an ombudsperson/ commissioner for children in your jurisdiction?
No.
While Morocco does not have a dedicated ombudsperson or commissioner solely for children, there are two key authorities involved in the protection and promotion of children’s rights: • The National Human Rights Council (CNDH), operating under Law No. 76.15 concerning its reorganization, is mandated to protect and promote children’s rights and to prevent violations thereof. Its strategy emphasizes the effective enforcement of rights across various sectors, including child protection. • The Economic, Social and Environmental Council (CESE), through an opinion titled “For an Inclusive and Protective Digital Environment for Children”, has highlighted gaps in Morocco’s current legal and institutional frameworks. Although Morocco has ratified the United Nations Convention on the Rights of the Child and implemented relevant domestic legislation, CESE underscores that these measures are insufficient to fully address the risks and challenges children face online. Thus, while there is no single children’s ombudsperson or commissioner, the CNDH and CESE play significant roles in advocating for and safeguarding children’s rights in Morocco.
If there is an ombudsperson/ commissioner for children in your jurisdiction, do they have any responsibility for upholding children’s rights in the digital world or does the relevant regulator have sole competence?
No.
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Is there any standalone requirement to collect the consent of one or both parents when processing a child’s personal data (irrespective of any other obligations, e.g. the requirement to have a legal basis for processing)?
No.
The Moroccan data protection framework, including Law No. 09-08, does not contain specific provisions regarding the processing of children’s personal data. The National Commission for the Control of the Protection of Personal Data (CNDP) has the responsibility to promote awareness among children and young people regarding digital privacy, notably through a digital platform. Launched by the CNDP on 9 December 2022, the digital platform is primarily directed at children and adolescents. Its purpose is to raise awareness through guides, interactive content and educational activities of the risks associated with the imprudent disclosure of personal information.
At what age can children legally consent to the processing of their own personal data, such that parental permission/ consent is not required?
Moroccan Law No. 09-08 on the Protection of Personal Data does not establish a specific minimum age nor provide particular provisions regarding the consent of minors. Therefore, there is no distinct legal framework in Morocco governing the processing of minors’ personal data or the provision of digital services to minors. The general rules on contractual capacity apply uniformly, setting the age of majority, and thus the capacity to consent to contracts, at eighteen years across all types of agreements.
Are there specific requirements in relation to collection and/or verification of parental consent/ permission concerning the processing of a child’s personal data?
No.
Under Moroccan law, there are no specific provisions that regulate the collection or verification of parental consent specifically for the processing of a child’s personal data. The applicable legal framework regarding contractual capacity is governed by the Code des Obligations et des Contrats (DOC):
- Article 3 states that a contract is only valid if the parties have the legal capacity to contract.
- Article 4 provides that a minor who is not emancipated is incapable of contracting without legal representation.
Consequently, in the absence of specific data protection rules on minors, parental consent or permission could be required by virtue of the minor’s lack of contractual capacity under Moroccan civil law.
Are there any particular information or transparency requirements concerning the processing of children’s personal data?
No.
N/A
Can children directly exercise their rights in relation to their personal data without the involvement of their parents?
No.
N/A
Can children make complaints on their own behalf directly to your national data protection/ privacy regulator(s)?
No.
N/A
Are there any particular requirements/ prohibitions related to:
a. processing specific types of children’s personal data;
b. carrying out specific processing activities involving children’s personal data; and/ or
c. using children’s personal data for specific purposes.
No.
N/A
Has there been any enforcement action by your national data protection/ privacy regulator(s) concerning the processing of children’s personal data? In your answer, please include information on the volume, nature and severity of sanctions.
No.
N/A
Are there specific rules concerning electronic direct marketing to children?
No.
N/A
Are there specific rules concerning the use of adtech tracking technologies, profiling and/or online targeted advertising to children?
No.
N/A
Are there specific rules concerning online contextual advertising to children?
No.
N/A
Has there been any regulatory enforcement action concerning advertising to children? In your answer, please include information on the volume, nature and severity of sanctions.
No.
N/A
At what age does a person acquire contractual capacity to enter into an agreement to use digital services?
For all types of agreements, (including traditional contracts, online agreements and consumer transactions) the age of contractual capacity is set at 18 years. (Article 3 of the Moroccan Code of Obligations and Contracts (Code des Obligations et des Contrats — DOC): "A contract is not valid unless the parties have the legal capacity to contract, consent is given freely and lawfully, and the object and cause of the contract are both lawful.")
Do consumer protection rules apply to children?
No.
In Morocco, minors are not specifically addressed under consumer law (Law 31-08). Instead, their legal capacity, and therefore their ability to engage in consumer transactions, is regulated by the general civil law in the Moroccan Code of Obligations and Contracts (Code des Obligations et des Contrats — DOC) and clarified by the Family Code, which sets the age of majority.
Are there any consumer protection rules which are specific to children only?
No.
N/A
Has there been any regulatory enforcement action concerning consumer protection requirements and children’s use of digital services? In your answer, please include information on the volume, nature and severity of sanctions.
No.
N/A
Are there any age-related restrictions on when children can legally access online/ digital services?
No.
N/A
Are there any specific requirements relating to online/ digital safety for children?
No.
N/A
Are there specific age verification/ age assurance requirements concerning access to online/ digital services?
No.
N/A
Are there requirements to implement parental controls and/or facilitate parental involvement in children’s use of digital services?
No.
N/A
Has there been any regulatory enforcement action concerning online/ digital safety?
No.
N/A
Are there any existing requirements relating to children and AI in your jurisdiction?
No.
N/A
Are there any upcoming requirements relating to children and AI in your jurisdiction?
No.
N/A
Has there been any other regulatory enforcement activity to date relevant to children’s use of digital services?
No.
N/A
Are there any other existing or upcoming requirements relevant to children’s use of digital services?
No.
N/A
