The Independence of Supervisory Authorities: A Comparative Analysis of Morocco's Law 09-08 and the European General Data Protection Regulation

The effectiveness of personal data protection presupposes the establishment of supervisory authorities endowed with substantial independence, guarantors of fundamental rights and capable of preventing the risks inherent in data processing. However, the comparison between the European GDPR and Moroccan Law No. 09-08 reveals a manifest institutional asymmetry. Indeed, European authorities operate within a substantially more comprehensive normative framework, characterised by enshrined autonomy, extended prerogatives and enhanced operational efficiency. Conversely, the Moroccan CNDP remains afflicted by structural deficiencies: institutional dependence, lack of coercive powers and budgetary insufficiency. Consequently, this comparative investigation aims to identify the cardinal principles likely to inform a reform of the Moroccan framework, in order to confer upon the CNDP the independence, effectiveness and legitimacy consistent with international standards in this matter.