Electronic evidence in international sales contracts in Morocco: a comparative legal analysis and issues relating to cross-border recognition

Abstract

This study analyses the legal regime governing electronic evidence in international sales contracts concluded between professionals in Morocco, in light of the domestic legal framework and its recent reception in case law. It highlights that Moroccan law recognises the probative equivalence between electronic and paper-based documents, subject to reliable identification of the signatory and a guarantee of the document’s integrity. The analysis is supplemented by a focused review of Moroccan case law, which reveals a pragmatic approach based on the technical demonstration of the reliability of electronic evidence, irrespective of any requirement for a handwritten signature. Whilst this approach ensures effective recognition of electronic evidence within the domestic sphere, it remains limited when it comes to the cross-border recognition of foreign certificates and authentication procedures. A comparison with international standards highlights partial functional alignment, but underscores the absence of comparable legal mechanisms for interoperability. Finally, the article proposes avenues for harmonisation based on the conditional recognition of foreign electronic certificates offering equivalent functional guarantees, in order to strengthen legal certainty and the predictability of international sales contracts involving Moroccan operators.

Keywords: Electronic evidence; international sales contract; electronic signature; legal certainty; cross-border recognition

Received Date: February 22, 2026

Accepted Date: March 14, 2026

Published Date: April 02, 2026

Available Online at: https://www.ijsrisjournal.com/index.php/ojsfiles/article/view/627