# The applicable legal framework

What is this? Morocco's legal framework for electronic signatures and trust service providers.

Who is it for? For anyone who wants to know which laws apply to YORYX TRUST.

What can I do here? See the three signature levels the law sets out.

- [See the signature levels](https://trust.yoryx.ma/en/legal-framework#legal-levels)

## Our regulatory status today

YORYX TRUST is preparing its declaration and its application for approval with the Direction Générale de la Sécurité des Systèmes d'Information (DGSSI) under Law No. 43-20 on trust services for electronic transactions. As of today, YORYX TRUST is neither declared nor approved.

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In Morocco, trust services for electronic transactions are governed by the following texts.

Law No. 43-20 on trust services for electronic transactions.

Enacted by dahir No. 1-20-100 of 31 December 2020, published in the Bulletin officiel on 18 March 2021.

Decree No. 2-22-687 of 21 rabii II 1444 (16 November 2022) issued for the application of Law No. 43-20, Bulletin officiel No. 7162 of 19 January 2023.

The DGSSI publishes the requirements framework \[Ref\_PSCo\_AG\] applicable to trust service providers subject to approval (version 1.0, 13 July 2023).

The competent national authority is the Direction Générale de la Sécurité des Systèmes d'Information (DGSSI).

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## Approval and declaration: two distinct regimes

Law No. 43-20 places trust service providers under two distinct regimes, according to the level of the service provided.

## The approval regime

Approval is granted by the DGSSI. Under Article 32 of Law No. 43-20, trust services subject to approval may not be provided, and the corresponding electronic certificates may not be issued or delivered, before it is obtained.

Article 33 lists the following conditions, among others: incorporation as a company under Moroccan law, insurance covering professional liability, a business-continuity plan, and verification of the identity of the person to whom the certificate is delivered.

The DGSSI publishes an extract of the approval decision in the Bulletin officiel and maintains the register of the providers concerned (Article 53).

## The prior-declaration regime

Non-qualified trust services fall under prior declaration. Article 35 of Law No. 43-20 requires anyone intending to provide them to file a prior declaration with the DGSSI, in the manner set by regulation.

The DGSSI then carries out ex-post supervision (Article 52) and publishes on its website the list of providers that have filed this prior declaration (Article 53).

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## The five trust services of Law No. 43-20

Article 3 of Law No. 43-20 lists the following trust services, together with the creation of the certificates relating to them, their validation and their preservation.

- The creation of electronic signatures.

- The creation of electronic seals.

- Electronic timestamping.

- Electronic registered delivery.

- The authentication of a website. The law bases it on a website authentication certificate, which may be delivered only by a provider that has obtained approval (Article 30).

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## The three levels of electronic signature

Law No. 43-20 distinguishes three levels of electronic signature.

A simple electronic signature identifies the signatory and links the signature to the document; a court weighs its evidential value.

An advanced electronic signature adds a unique link to the signatory, sole control of the creation data, and detection of any later change to the document.

The qualified electronic signature, the only level that carries the presumption of reliability, is not yet offered by YORYX TRUST: it will be once the DGSSI has granted its approval.

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