Regulation and the impact of digital technology in the context of dispute resolution in Morocco

Morocco has begun to take into account the importance of digital regulation since the introduction into the penal code in 2003 of the

offense of intentionally obstructing or distorting the operation of an automated data processing system which is punishable by one year to

3 years of imprisonment and a fine of 10,000 to 200,000 dirhams or one of these two penalties only.

1. Taking into account the importance of Morocco’s digital sovereignty and the protection of digital use.

Morocco has taken three major steps in its digital framework legislation process with:

1. In 2003, Law 07-03, which incorporated offenses relating to automated data processing systems as defined in the Budapest Convention,
2. In 2007, law 53-05 which regulates cryptography, electronic signature and electronic certification, and
3. In 2009, law 09-08 relating to the protection of individuals with regard to the processing of personal data.

Other secondary texts have come to complete this framework in order to respond to social developments including:

• Decree No. 2-15-712 establishing the system for protecting sensitive information systems of infrastructures of vital importance and
• Order No. 3-44-18 setting the criteria for approval of private audit providers of sensitive information systems of vitally important infrastructures.

It’s n 2012 that Morocco really adopted a National Cybersecurity Strategy.

The National Directive on the Security of Information Systems (DNSSI) was created in 2013 to provide a framework for the organizational and technical protection and security measures to be applied by institutions sensitive to threats likely to disrupt the country’s stability.

Further to that, a range of institutions have emerged with the ambition of guaranteeing state governance of cybersecurity, and among others:

• The Strategic Committee for Information Systems Security (CSSSI) defines the strategic orientations in terms of information systems security. Created in 2011 and chaired by the Minister responsible for national defense administration.
• The General Directorate for Information Systems Security (DGSSI) is responsible for implementing strategic orientations.
• There is also the maCERT , Moroccan Computer Emergency Response Team, being one of the directorates of the DGSSI, which is responsible for monitoring, detection and response to cyberattacks.

this legislative process recently resulted with the law 05-20 that creates a legally obligatory framework to safeguard digital security, advising organisations to implement a minimal set of guidelines and security precautions to guarantee the dependability and robustness of their networks and systems.

As a recent example of digital sovereignty awareness, Morocco has developed an Internet exchange point (IXP).

An IXP is a physical infrastructure that allows local Internet traffic to be exchanged, without going through international transit.

An IXP is simply a hub where national operators interconnect to exchange their traffic.

This system has many advantages including the speed of the connection with a reduction in the number of hops. When we visit a website, we pass through various points. Without the exchange point, if you visit a Moroccan website hosted in Morocco, and your Internet provider is not the site host, your request will leave the territory to go through IXPs abroad and return to the Morocco. Having an IXP in Morocco avoids having to send the request abroad and therefore reduces the time to the site (around three time faster).

There are also other benefits such as availability and security of data and internet traffic.

There is also a financial benefit linked to this IXP: as the telecom operators will see their international transit costs reduced since local content will remain in Morocco.

The creation of the Internet exchange point in Morocco is inevitable; it is a normal development. Morocco is one of the few countries that have not yet taken the plunge.

II) The use and importance of digital technology in the context of conflict resolution (and specifically in alternative dispute resolution methods).

In June 2022, Law No. 95-17 on conventional arbitration and mediation came into force in Morocco.

The Moroccan legislator has oriented this alternative settlement process even more internationally and has included it in a specific law.

The law is a component of Morocco’s over ten-year-long policy of fortifying its international economic ties, which has already seen significant expansion due to free trade agreements signed over the previous few decades, primarily the 2006-entry agreement with the United States and the 2012 association agreement with the European Union. Furthermore, the law seeks to advance and strengthen Morocco’s standing as a global hub for arbitration and mediation, especially in relation to the African business community, which views Morocco as a launching pad for European and other non-African enterprises.

Morocco was already part of the world of international arbitration

The enactment of the arbitration law emphasises Morocco’s attempts to further open its economy by better meeting investor demands. Nonetheless, the nation has already ratified the Washington Convention of March 18, 1965 (Convention for the Settlement of Disputes Relating Investments) since 1967, as well as the New York Convention of June 7, 1959 (Convention on the Recognition and Enforcement of Arbitral Awards) since 1959.

The law is structured around tree section: arbitration, mediation and the differences or common points.

This law also takes into account technological advances by authorizing the conclusion of the arbitration agreement, the filing of applications and the correspondence of findings electronically.

It also makes it possible to issue arbitral awards electronically and to hold hearings and oral appearances by videoconference. This is of significant importance in terms of efficiency and cost control of international procedures.

Conclusion:

Mr. Loudiyi , Minister Delegate to the Head of Government, in charge of the National Defense Administration, has just announced that the DGSSI is currently preparing the new version of the national cybersecurity strategy, which focuses on strengthening security and improving the resilience of cyberspace.

He called on government actors and experts to scrutinize the impact of the use of Cloud computing services, which has become essential, and the consequences that result from this regarding the protection of sensitive information and of digital sovereignty in the broad sense.

He insisted on continuing efforts to improve and strengthen the resilience of information systems that support the vital functions of the State, by adopting a set of appropriate rules in order to immunize them against any potential cyber risks that could pose a threat to their business continuity.

It is important to reevaluate the existing legal base in order to bring them into compliance with the reality on the ground and adjust them appropriately, given the rise in IT-related threats that are associated with the expansion of uses, services, and digital infrastructures. outcome.