Artificial Intelligence and ICT in Moroccan Law: A Comparative Analysis of the EU and the US and Prospects for Reform

Abstract

Artificial intelligence is now emerging as a major technological shift, profoundly affecting contemporary economic, social and legal balances. In Morocco, this development forms part of recent public policies on digital transformation, which position artificial intelligence as a key driver of administrative modernisation and economic competitiveness. This study argues that the absence of a legal framework specifically dedicated to artificial intelligence should not be equated with a regulatory vacuum, given that algorithmic systems are already indirectly covered by a set of constitutional norms, sector-specific legislation and international commitments. However, this regulatory framework remains fragmented and structurally ill-suited to the technical specificities of artificial intelligence, characterised in particular by algorithmic opacity, functional autonomy and the complexity of the value chain. This inadequacy is manifested through the unsuitability of the traditional fault-based liability paradigm, the disruption of the traditional causation framework, and the difficulties in attributing liability in multi-stakeholder technical environments. A comparative analysis highlights these limitations, in light of the European model structured around Regulation (EU) 2024/1689 (AI Act), which is based on a risk-based approach incorporating mechanisms of allocated liability and appropriate presumptions of liability, as well as the US approach, which is more sector-specific and geared towards promoting innovation, notably through Executive Order 14179. Building on these insights, the study proposes the foundations for a renewed Moroccan legal framework based on the establishment of strict liability for high-risk systems, the introduction of allocated liability within the algorithmic value chain, and the development of evidentiary mechanisms adapted to the constraints of opacity and complexity inherent in artificial intelligence systems.

Keywords: artificial intelligence, Moroccan law, civil liability, algorithmic governance, evidence, causality, comparative law.

Received Date: February 22, 2026

Accepted Date: March 14, 2026

Published Date: April 02, 2026

Available Online at: https://www.ijsrisjournal.com/index.php/ojsfiles/article/view/626