Abstract

This article examines the digital transformation of business goodwill within the data economy and artificial intelligence, as customers have evolved from a traditional entity associated with reputation and location into big data relying on algorithmic consumer behavior analysis. The research aims to explore the extent to which the legal framework governing business goodwill in Morocco can assimilate big data as a newly established intangible element, without violating the mandatory provisions of personal data protection laws. Employing a comparative analytical methodology, the study demonstrates that personal data constitutes a sui generis intangible element facing an identity crisis of legal characterization between personal, financial, and material rights, as well as a procedural circulation crisis arising during mortgages and dispositions that conflicts with the principles of purpose limitation and prior consent. Consequently, legislative intervention is imperative to modernize the legal system and establish a framework that balances economic innovation with digital privacy.

Keywords

Business Goodwill; Personal Data; Customers; Data Economy; Law No. 09.08; Pledge and Transfer of Goodwill.