As a rule, no. Your personal data may only be processed if you have unambiguously given your consent to the intended operation (art. 4). Likewise, your data may only be disclosed to a third party for purposes directly related to the functions of the transferor and the transferee, and subject to your prior consent (art. 4).
The exceptions where your consent is not required. Article 4 provides that consent is not required where processing is necessary:
- to comply with a legal obligation imposed on you or on the data controller;
- for the performance of a contract to which you are a party, or for pre-contractual measures taken at your request;
- to safeguard your vital interests if you are unable to give consent;
- for a task in the public interest or in the exercise of public authority;
- to pursue the legitimate interest of the controller or the recipient, provided this does not override your fundamental rights and freedoms.
Consent is a free, specific and informed expression of will by which you accept the processing (art. 1, point 9). So, outside these specific cases, a company that exploits your data without your consent is not complying with the law.
Autres questions posées par les lecteurs
Sous-questions regroupées par notre recherche — chacune renvoie vers sa réponse complète de niveau B/C.
+−Whom can I complain to if my data is misused in Morocco?
File complaints about data misuse with Morocco's National Commission for the Control of Personal Data Protection, which investigates, orders corrections, and can refer cases to prosecutors.
+−What are my data rights with Moroccan companies?
Moroccan data protection law grants you free rights to access your data, rectify inaccurate information within 10 days, and object to processing or direct marketing without legal obligation.
+−Do I have the right to refuse advertising emails and calls?
Yes, direct marketing by automated calls, fax, or email requires your prior consent. Email marketing is permitted for similar products if you can easily opt out free of charge with each message.
Ceci est une information juridique générale, et non un conseil juridique. Pour un conseil adapté à votre situation, consultez un avocat inscrit au barreau au Maroc.
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