Moroccan Regulation of Artificial Intelligence in the Public Sector

As Morocco accelerates its digital transformation, the integration of advanced technologies within public administration has become a strategic priority. While the Kingdom does not yet have a single "AI Code," a sophisticated web of sectoral laws, decrees, and institutional mandates governs how data, technology, and strategic intelligence are managed. These regulations form the legal bedrock upon which Morocco is building its Artificial Intelligence (AI) framework in the public sector.

This article explores the regulatory landscape governing digital innovation, the institutions leading the charge, and the legal mechanisms ensuring that Morocco remains competitive in the global digital economy.

The Institutional Framework for Digital Intelligence

The Moroccan approach to AI and digital governance is decentralised, with specific agencies tasked with fostering innovation and economic "intelligence." A primary actor in this field is the Moroccan Agency for Investment and Export Development (AMDIE).

Under the law establishing the Agency, its mandate includes creating an "economic vigilance system" to monitor regional and international developments in knowledge and economic intelligence. This is a critical prerequisite for AI implementation, as it involves the systematic collection and processing of global data to inform national strategy.

Furthermore, the Ministry of Communication plays a vital role in the digital transition. According to the Decree defining the competencies of the communication sector (Reference 7), the Ministry is responsible for:

• Drafting and implementing digital transformation plans.
• Conducting "technological vigilance" in the fields of digital transformation and information technology.
• Developing information systems for the collection and processing of data specific to the sector's competencies.

These legal mandates ensure that public institutions are not merely passive users of technology but are legally obligated to monitor and adopt emerging technological trends, including AI-driven analytics.

Sectoral Applications: From Heritage to Education

Moroccan law has begun to integrate digital management and "smart" protection mechanisms into specific sectors. These applications demonstrate how algorithmic management and digital databases—the fuel for AI—are being codified.

1. Cultural Heritage and National Identity

Law No. 33.22 regarding the protection of heritage introduces the "Morocco Heritage" (تراث المغرب) label. This distinctive mark is designed to protect and promote intangible cultural heritage. The law stipulates that this label must be registered with national and international bodies. In the context of AI, such legal protections are essential for managing the digital reproduction and commercialisation of cultural assets, ensuring that Moroccan identity is preserved in the digital sphere.

2. Education and Data Management

In the education sector, the Decree relating to the Ministry of National Education and Pre-School Education (Reference 3) emphasises the development and improvement of information systems for management and statistics. By legally requiring the tracking of international commitments and the digitisation of student data, the law creates the high-quality datasets necessary for future AI-driven predictive modeling in education policy.

3. The Cinematic Industry

Even the arts are regulated with a view toward modern production. Law No. 18.23, which reorganises the Moroccan Cinematographic Centre (CCM), mandates specific licensing procedures for film production. As AI begins to play a larger role in visual effects and automated production, the CCM’s regulatory oversight (Article 3) provides the legal gateway through which technological standards in the industry are maintained.

Economic Intelligence and International Cooperation

The Moroccan legal framework places a heavy emphasis on "Economic Intelligence" (الذكاء الاقتصادي) as a tool for national development. The laws governing the Moroccan Center for Export Promotion (Reference 8) establish a multi-sectoral board that includes representatives from diverse industries such as textiles, chemicals, and electronics.

This collaborative structure is mirrored in the Academy of the Kingdom of Morocco. Under Law No. 74.19, the Academy is empowered to establish partnerships with both national and foreign scientific institutions. This legal capacity for international cooperation is essential for AI development, as it allows Morocco to participate in cross-border research, share expert knowledge, and align its digital ethics with international standards.

Security and Ethics: The National Committee Model

While AI offers immense benefits, it also requires rigorous oversight. Morocco’s approach to sensitive technologies often involves the creation of inter-ministerial committees. For example, the National Commission for Chemical Weapons (Reference 6) brings together representatives from the Interior, Justice, Finance, and National Defense sectors.

This "National Committee" model serves as a likely blueprint for future AI regulation. It allows for:

• Technical assistance to public sectors in monitoring and data reporting.
• Consultation with experts and figures with experience in specialized fields.
• Coordinated responses to international treaties and obligations.

Conclusion: The Path Forward

The regulation of Artificial Intelligence in Morocco is currently characterized by a sectoral approach, where digital transformation is woven into the mandates of various public institutions. From the economic intelligence of AMDIE to the technological vigilance of the Ministry of Communication, the legal infrastructure is being laid for a data-driven public sector.

Key takeaways for stakeholders include:

• Data as a Legal Asset: Public sectors are increasingly mandated to digitise and process data, creating the necessary environment for AI training.
• Institutional Oversight: Agencies like the CCM and AMDIE are the gatekeepers for technological implementation in their respective fields.
• International Alignment: Moroccan law explicitly encourages partnerships with international scientific bodies to stay at the forefront of global innovation.

As the Kingdom continues to refine its digital strategy, we can expect more specific "textes réglementaires" (regulatory texts) to emerge, providing clearer guidelines on the ethical use of algorithms and the protection of personal data in the public sphere.

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