Section IV: Miscellaneous Provisions
Articles 65-6. - The requirement of a detachable form is satisfied when, by a specific electronic
procedure, it is possible to access the form, to fill it out and to send it back by the same way.
Article 65-7 . - Where a plurality of originals is required, this requirement shall be deemed to be
satisfied, for documents drawn up in electronic form, if the document concerned is drawn up and kept
in accordance with the provisions of Articles 417-1, 417-2 and 417-3 below and that the process used
allows each interested party to have a copy or to have access to it. "
Article 4:
Section II of Chapter I, of the seventh title, of the first book of the Dahir forming the Code of Obligations
and Contracts is supplemented by Articles 417-1, 417-2 and 417-3 as follows:
"Section II: Literal proof
Article 417-1. - Electronic writing has the same probative force as writing on paper.
The written form in electronic form is admitted in evidence in the same way as the writing in paper
form, provided that the person from whom it emanates can be duly identified and that it is established
and preserved in conditions of a nature to guarantee the 'integrity.
Article 417-2. - The signature necessary for the perfection of a legal act identifies the person who affixes
it and expresses its consent to the obligations arising from this act.
When the signature is affixed before a public officer empowered to certify, it confers authenticity to the
act.
When it is electronic, it is necessary to use a reliable identification process to guarantee its connection
with the act to which it attaches.
Article 417-3. - The reliability of an electronic signature process is presumed, until proven otherwise,
when this method implements a secure electronic signature.
An electronic signature is considered secure when it is created, the identity of the insured signatory and
the integrity of the guaranteed legal act, in accordance with the relevant legislation and regulations.
Every act on which a secure electronic signature is affixed and which is time stamped has the same
probative force as the act whose signature is legalized and of certain date. "
Article 5:
The provisions of articles 417, 425, 426, 440 and 443 of the Dahir forming the Code of Obligations and
Contracts are modified and completed as follows:
" Article 417. - literal proof ............................
It may also result .............................. .and private documents or any other signs or symbols with an
intelligible meaning, whatever their medium and their means of transmission.
Where the law has not laid down other rules and, in the absence of a valid agreement between the
parties, the court rules on conflicts of literal evidence by any means, regardless of the medium used.
Article 425. - Acts under private seings ................................. in the name of their debtor.