Phenomenology of hybrid notarial practice: The professional identity of the Moroccan notary in the era of digital ubiquity

Abstract

Abstract:

In Morocco, the reliability of property‑related transactions is rooted in notarial law, which grants authentic instruments unquestionable evidentiary weight and enforceability. As a State‑appointed public officer, the notary acts as a neutral and trusted intermediary, operating under the framework of Law No. 32‑09, which has elevated professional standards and strengthened accountability.

The swift expansion of digital technologies, though improving efficiency through dematerialization, introduces fresh challenges—chiefly safeguarding confidentiality, ensuring document integrity, and protecting personal data. While Laws No. 53‑05 and No. 09‑08 provide an initial legal basis for electronic exchanges and data protection, they fall short of fully legitimizing the digital authentic act. The key issue remains finding a balance between embracing innovation and upholding the ethical foundations of the notarial profession. The primary aim of this study is to highlight the pressing need for Morocco’s notarial system, along with the authentic instruments it produces, to adapt to the challenges brought about by digital transformation. It seeks to explore possible pathways for integrating technological innovations while preserving the core ethical obligations that underpin the notarial profession—chief among them the confidentiality of transactions, the safeguarding of the integrity of legal instruments, and the protection of personal data.