Law Governing Artificial Intelligence Liability

The rapid integration of advanced technologies into the Moroccan economic and social fabric has raised critical questions regarding legal accountability. As businesses and public administrations increasingly adopt automated systems for data processing, industrial manufacturing, and remote sensing, the legal framework surrounding Artificial Intelligence (AI) and liability becomes a central concern for practitioners and investors alike.

While Morocco does not yet have a single "AI Code," the legal liability for these systems is governed by a sophisticated network of existing laws. These include regulations on industrial property, standardisation, and the specific mandates of government departments overseeing the digital economy. Understanding how these laws interact is essential for navigating the risks associated with AI deployment in the Kingdom.

The Institutional Framework for Digital Oversight

The cornerstone of digital regulation in Morocco is the Ministry of Industry, Trade, Investment, and the Digital Economy. Under the Decree defining its competencies (Reference 2), the Ministry is tasked with preparing national strategies for digital development and ensuring that technical measures applied to imports and exports align with international practices.

This Ministry plays a dual role in AI liability:

1. Regulatory Compliance: It ensures that AI-driven products entering the Moroccan market meet safety and technical standards.
2. Consumer Protection: It proposes measures to integrate informal sectors and protect consumers from the risks of emerging technologies.

When an AI system causes harm, the first point of legal inquiry often involves whether the technology complied with the technical standards set by the administration. Under Law 12.06 (Reference 4), the Moroccan Institute for Standardization (IMANOR) is responsible for publishing standards and certificates of conformity. If an AI provider fails to meet these Moroccan standards, this failure can serve as primary evidence of negligence in a liability claim.

Intellectual Property and AI Accountability

Artificial Intelligence is inextricably linked to Intellectual Property (IP). In Morocco, Law 17.97 (Reference 3) governs industrial property. This law is vital for AI developers because it dictates how software and automated inventions are protected—and who is responsible for them.

A key aspect of liability involves the representation of entities that do not have a physical domicile in Morocco. Article 4 of Law 17.97 stipulates that individuals or legal entities not domiciled in Morocco must appoint a representative (agent) based in the country to handle their industrial property filings. This creates a clear legal point of contact. In the event of litigation regarding AI-generated content or patent infringements by an AI system, this representative framework ensures that foreign AI developers remain within the reach of the Moroccan judicial system.

Furthermore, the Moroccan Office of Industrial and Commercial Property (OMPIC), established under Law 13.99 (Reference 5), serves as the central body for managing these rights, ensuring that AI innovations are properly registered and that the owners of these technologies are identifiable for liability purposes.

Specialized Liability: Nuclear, Satellite, and National Defense

AI liability in Morocco is not "one size fits all." Certain sectors have much stricter oversight due to national security and safety risks:

1. Remote Sensing and Satellite Data

Under the Decree organizing National Defense (Reference 1), the Royal Center for Remote Sensing (CRTS) coordinates the import, processing, and sale of satellite imagery and related services. If an AI system is used to analyze satellite data for urban planning or agriculture and provides faulty analysis that leads to financial loss, the liability may be shared between the service provider and the oversight protocols established by the CRTS.

2. Nuclear and Radiological Safety

Law 142.12 (Reference 6) establishes a rigorous liability regime for nuclear and radiological safety. As AI is increasingly used to monitor nuclear facilities or manage radioactive waste, the law requires strict authorizations for the import of "related technology." Any AI failure in this sector would fall under the jurisdiction of the Moroccan Agency for Nuclear and Radiological Safety and Security (AMSSNuR), where liability is often absolute and strictly regulated due to the high stakes involved.

Practical Applications and Real-World Implications

For a business operating in Morocco, AI liability manifests in several practical ways:

• Contractual Liability: When a Moroccan company purchases an AI tool for "Self-Entrepreneurship" development (as encouraged by Reference 2), the contract should specify the "service level agreements" (SLAs) and provide indemnity clauses for system errors.
• Product Liability: If an AI-powered industrial robot causes physical harm, the victim can invoke Law 12.06 regarding conformity. If the machine was not certified according to Moroccan standards, the importer and manufacturer face significant legal exposure.
• Administrative Liability: Under Reference 8, the Ministry of National Education is tasked with improving information systems and statistics. If AI algorithms used in public grading or student placement are biased or erroneous, the administrative courts may be called upon to review the "technical fault" of the administration.

Conclusion and Key Takeaways

The law governing Artificial Intelligence liability in Morocco is currently a "hybrid" system. It combines general civil liability principles with specialized regulations in industrial property, digital trade, and sector-specific safety laws.

Key Takeaways:

• Compliance is Mandatory: AI systems must align with Moroccan standards (IMANOR) and technical regulations to mitigate liability risks.
• Representation Matters: Foreign AI providers must have a legal presence or a registered agent in Morocco to comply with industrial property laws.
• Sector-Specific Risks: AI applications in defense, remote sensing, and nuclear energy are subject to additional layers of administrative oversight and stricter liability standards.
• Strategic Oversight: The Ministry of Industry and the Digital Economy remains the primary authority for ensuring that AI integration supports the national economy while protecting consumer rights.

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