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CNDP and websites in Morocco: what are the obligations for personal data in 2026?

In Morocco, any website that collects personal data (contact form, newsletter, customer account, cookies) must declare its processing operations to the CNDP free of charge under Law No. 09-08, or obtain prior authorization for sensitive data and transfers to countries not on the CNDP list. It must also inform users, obtain their consent, secure the data and respect their rights. Breaches are punishable by fines of 10,000 to 300,000 MAD, doubled for companies, and by prison sentences.

Charikaty Legal TeamExperts in Moroccan company law · Published on · Updated on

The essentials in 7 points

In short
  • CNDP: Moroccan data protection authority, created by Law 09-08 (2009) and its implementing Decree No. 2-09-165

  • Formalities: prior declaration of each processing operation (free of charge), prior authorization for sensitive data, interconnections and transfers of data to countries not on the CNDP list

  • Personal data: any information making it possible to identify a person (name, email, telephone, IP address, cookies, customer number)

  • Website compliance: privacy policy, information notices on forms, consent for the newsletter and non-essential cookies, security

  • Rights of individuals: information, access, rectification, objection (in particular to direct marketing)

  • Penalties: fines of 10,000 to 300,000 MAD, doubled for legal entities, and prison sentences

  • GDPR: also applicable if your website targets residents of the European Union

Legal notice:

the information provided in this article is for information purposes only and does not constitute personalized legal advice. We recommend that you consult a qualified legal expert before making any decision. Charikaty provides experts to support you: contact us for free advice.

Law No. 09-08 on the protection of individuals with regard to the processing of personal data entrusts the monitoring of these obligations to the CNDP (Commission Nationale de contrôle de la protection des Données à caractère Personnel, the National Commission for the Control of Personal Data Protection). Here are your legal obligations and the method for bringing yourself into compliance; data protection comes in addition to the other legal obligations after setting up a company.

01

What do the CNDP and Law 09-08 provide for?

What is the CNDP?

The CNDP (Commission Nationale de contrôle de la protection des Données à caractère Personnel) is the independent Moroccan authority responsible for:

✅ Receiving declarations and issuing processing authorizations ✅ Monitoring the compliance of data controllers, on site and on the basis of documents ✅ Investigating complaints from data subjects ✅ Recording offences and referring matters to the public prosecutor ✅ Advising businesses and publishing recommendations and simplified procedures

Legal basis: Law No. 09-08 promulgated by Dahir No. 1-09-15 of 18 February 2009, and implementing Decree No. 2-09-165 of 21 May 2009. A reform intended to bring this framework closer to the European GDPR is being prepared, but Law 09-08 remains the applicable text in 2026.

Official website: www.cndp.ma (notification forms, decisions and recommendations)

Fundamental principles (Law 09-08)

PrincipleDetails
Lawfulness and fairnessData are collected and processed fairly, lawfully and transparently
PurposeData collected for specified, explicit and legitimate purposes, without being diverted from them
ProportionalityOnly adequate, relevant and non-excessive data are collected
AccuracyData must be accurate and, where necessary, kept up to date
Limited durationRetention for a period not exceeding that necessary for the purpose
ConsentProcessing based on the person's consent, subject to legal exceptions (contract, legal obligation, legitimate interest)
Security and confidentialityProtection against unauthorized access, loss and alteration
Prior formalitiesDeclaration or authorization with the CNDP before any processing
02

What information counts as personal data?

What is "personal data"?

Any information relating to an identified or identifiable natural person:

✅ Identity: surname, first name, photo, signature, date of birth ✅ Contact details: email, telephone, postal address ✅ Identifiers: CIN (national identity card) number, customer number, cookie identifier ✅ Technical data: IP address, geolocation, device identifier ✅ Sensitive data: racial or ethnic origin, political opinions, religious beliefs, trade union membership, health, genetic data ✅ Banking data: RIB (bank account details), card number (even partial) ✅ Browsing data: history, online behaviour

Example: a list of customer emails constitutes a personal data file subject to Law 09-08.

What is not personal data

❌ Anonymized data: impossible to identify the person, even indirectly (e.g. "25% of visitors…") ❌ Data relating to a legal entity: company name, ICE, registered office address ❌ Technical data that cannot be linked to a person (aggregated browser type, overall statistics)

04

How should data be secured and retained?

Security measures to put in place

Law 09-08 requires the data controller to take the appropriate technical and organizational measures to protect the data.

Technical:

✅ HTTPS encryption: valid SSL certificate across the whole website, forms included ✅ Authentication: strong passwords, two-factor authentication for administrative access ✅ Encryption and segregation: sensitive data encrypted, separate administration interface ✅ Backups: regular copies, stored securely ✅ Updates: CMS, plugins and servers kept up to date

Organizational:

✅ Internal policy: written procedures, staff awareness, access limited to authorized persons ✅ Contracts with service providers: host, web agency, emailing solution, payment gateway, with confidentiality and security clauses; CNDP authorization for service providers located in a country not on the CNDP list ✅ Incident management: procedure in the event of a data breach; Law 09-08 does not impose a formal notification, but informing the CNDP and the data subjects is strongly recommended

Data retention period

Law 09-08 does not impose specific figures for retention periods: the period is set by the data controller in its declaration and must be proportionate to the purpose. Commonly accepted reference periods:

Type of dataIndicative period
Newsletter subscribersUntil unsubscription or 3 years after the last contact
Contact forms1 year after the request
Customer dataDuration of the relationship, then statutory periods (accounting documents: 10 years, Article 211 of the CGI)
Unsuccessful job applications1 to 2 years, with the applicant's agreement
Cookies and technical logsA few months, depending on the purpose

The retention period for invoices and accounting documents falls under the accounting obligations of companies in Morocco.

Deletion procedure:

  • Automatic purge when the period expires: the data are deleted or anonymized
  • Deletion at the person's request, unless there is a legal obligation to retain the data (for example invoices for 10 years), with written confirmation to the requester
  • Documented and verifiable procedure
05

Which rights must you respect for your users and customers?

Rights guaranteed by Law 09-08

Every data subject has the following rights:

  1. Right to information: to know, at the time of collection, the identity of the controller, the purposes, the recipients and their rights
  2. Right of access: to obtain confirmation that their data are being processed and to receive an intelligible copy of them
  3. Right of rectification: to have inaccurate, incomplete or unlawfully processed data corrected, completed, updated or erased
  4. Right to object: to object, on legitimate grounds, to the processing of their data and, without having to give grounds, to their use for direct marketing purposes
  5. Protection against automated decisions: not to be subject to a decision producing legal effects based solely on automated processing

Law 09-08 does not provide for a right to data portability; it is nevertheless good practice to provide the data in a readable format.

How should user requests be handled?

Recommended procedure:

  1. Receipt: single point of contact (dedicated email address) indicated in the privacy policy
  2. Verification of the identity of the requester before any disclosure
  3. Processing: disclosure of the data, rectification or cessation of processing, without undue delay; a period of one month at most is a prudent benchmark
  4. Documentation: keeping the request and the response to demonstrate compliance in the event of an inspection
06

What inspections and penalties does the CNDP apply?

Who can be inspected?

The CNDP can inspect any data controller established in Morocco, whatever its size:

✅ E-commerce (customer and delivery data) ✅ SaaS and applications (user data) ✅ Blogs and media (comments, newsletters) ✅ Online services (bookings, appointment scheduling) ✅ Physical shops with a CRM or a loyalty programme

Offences and penalties

Criminal penalties provided for by Law 09-08 (chapter on penalties, Articles 52 et seq.):

OffenceFineImprisonment
Processing without declaration or authorization10,000 to 100,000 MADNo
Refusal of the rights of access, rectification or objection20,000 to 200,000 MAD per offenceNo
Unfair or unlawful collection, or collection without consent20,000 to 200,000 MAD3 months to 1 year
Processing of sensitive data without express consent50,000 to 300,000 MADYes
Excessive retention, lack of security, unlawful transfer abroad20,000 to 200,000 MAD3 months to 1 year
Obstruction of an inspection or refusal to implement the CNDP's decisions10,000 to 100,000 MAD depending on the offence3 months to 1 year at most

For legal entities, fines are doubled, without prejudice to the penalties incurred by their managers; they are also doubled in the event of a repeat offence. The court may also order the confiscation of equipment and the closure of the establishment. In practice, the CNDP first sends a formal notice before referring the matter to the public prosecutor. The other penalties for business non-compliance (tax, social, commercial) are presented in a dedicated guide.

💡 Tip: voluntary compliance always costs less than an inspection you have to undergo.

CNDP inspection procedure

If the CNDP contacts you:

  1. Notification: the CNDP informs the data controller of a documentary or on-site inspection, or summons it to a hearing
  2. Preparation: gather the declaration receipts, the authorizations, the privacy policy, the consent records and the security documentation
  3. Inspection: sworn officers examine the processing operations, the systems and the contracts with service providers
  4. Report and formal notice: any discrepancies found are given a deadline for regularization
  5. Follow-up: follow-up inspection; in the absence of regularization, referral to the public prosecutor and criminal penalties
07

What should you remember about your website's CNDP obligations?

  • Law 09-08 applies to any website that collects even the smallest item of personal data: form, newsletter, customer account, cookies
  • Declare each processing operation to the CNDP (free of charge) and request an authorization for sensitive data and transfers to countries not on the CNDP list, including hosting and cloud tools
  • Publish a complete privacy policy and inform users on each form, with the CNDP receipt number
  • Obtain opt-in consent for the newsletter, direct marketing and non-essential cookies, and keep proof of it
  • Secure the data (HTTPS, restricted access, backups, service provider contracts) and set retention periods
  • Respond to requests for access, rectification and objection without undue delay and document your responses
  • Breaches expose you to fines of 10,000 to 300,000 MAD, doubled for companies, and to prison sentences
08 · FAQ

FAQ: Frequently Asked Questions

Do I have to declare to the CNDP if I only have a contact form?

Yes. A contact form collects a name and an email address: this is personal data processing subject to prior declaration, free of charge, to the CNDP.

Can I sell or transfer my email list to a marketing agency?

No, an email list may only be transferred with the specific prior consent of each person for this purpose. A transfer without consent constitutes unlawful collection and processing, punishable by fines of 20,000 to 200,000 MAD and imprisonment.

What happens if my website does not have a privacy policy?

A website without a privacy policy is in breach of the information obligation under Law 09-08 and cannot prove valid consent. Together with the absence of a declaration, this is the first breach identified during a CNDP inspection (fine of 10,000 to 100,000 MAD for failure to declare).

Do Google Analytics cookies require consent?

Yes. Audience measurement and advertising cookies such as Google Analytics are not strictly necessary: they require opt-in consent and must be covered by your CNDP declaration. Since the data are hosted abroad, a transfer must also be declared or authorized.

My website is hosted in France or the United States: is that a problem?

Hosting outside Morocco constitutes a transfer of data abroad, which must be submitted to the CNDP: it is permitted if the hosting country is on its list of States ensuring adequate protection (deliberation No. 465-2013, amended in 2015) and requires prior authorization otherwise, subject to the exceptions provided for by law. In all cases, provide for contractual safeguards (confidentiality and security clauses with the host).

Do I have to appoint a data protection officer?

Law 09-08 does not require a data protection officer. Appointing an internal contact person responsible for CNDP declarations, requests from individuals and security is nevertheless recommended, and becomes necessary if the GDPR applies to your activity.

Legal Sources

8 texts · 2 official sources · review Oct 2027
Next review: Oct 2027
  • Law No. 09-08 on the protection of individuals with regard to the processing of personal data, promulgated by Dahir No. 1-09-15 of 18 February 2009

  • Decree No. 2-09-165 of 21 May 2009 implementing Law 09-08

  • Decisions, deliberations and recommendations of the CNDP (simplified procedures, cookies, data transfers)

  • Law No. 31-08 enacting consumer protection measures (information in distance contracts)

  • Law No. 05-20 on cybersecurity

  • Law No. 15-95 enacting the Commercial Code (particulars on commercial documents)

  • General Tax Code (Code Général des Impôts, CGI 2026), Article 211 (10-year retention of documents)

  • Regulation (EU) 2016/679 (GDPR): applicable to websites targeting residents of the European Union

Need help?

Here is what a compliant website requires: CNDP declaration, privacy policy, legal notice and general terms and conditions of sale. With Charikaty, you set up your company online, simply and quickly, through our SARL formation service, then our legal team and our partners support you in bringing your website into compliance. More than 250 companies have already been set up with Charikaty.

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