AI regulatory framework: national and international perspectives

Artificial intelligence (AI) has emerged as a transformative force in many sectors, including procurement. Its potential to improve efficiency, reduce costs and optimise processes is undeniable. However, its use also raises crucial ethical, legal and social questions. In this article, we take a close look at the regulatory framework surrounding AI, both nationally and internationally, with a particular focus on Morocco.

As Moroccan companies increasingly integrate AI into their purchasing operations, it becomes essential to look closely at the changing legal landscape. We will look at current initiatives to regulate the use of AI, the challenges encountered and the outlook for the future. We will also look at international developments in AI regulation, highlighting emerging trends and good practices to adopt.

In short, this article offers a complete overview of the AI regulatory framework in the context of procurement, giving readers an in-depth understanding of the issues and opportunities shaping this fast-changing field.

AI regulatory framework in Morocco 

In Morocco, the rise of artificial intelligence (AI) is driving a rapid evolution of the legal landscape to keep pace with technological advances in this field. Although the country does not yet have specific AI legislation, various initiatives are under way to fill this gap and establish a framework that supports the responsible development of this technology. The Moroccan government recognises the importance of stimulating innovation while ensuring the protection of individual rights and the transparency of AI-related processes.

Discussions are currently under way to draw up specific laws and regulations addressing key issues such as data protection, algorithm transparency and AI accountability. These initiatives aim to define a clear and consistent legal framework that will encourage the responsible adoption and use of AI in various sectors, including procurement.

Pending the adoption of specific AI laws, Morocco relies on existing legal texts, such as the law on the protection of personal data, to regulate the use of AI and ensure respect for individuals’ privacy. The government also encourages dialogue between public and private stakeholders and civil society to develop policies and guidelines suited to the country’s needs and realities.

In this changing context, it is essential for companies and procurement professionals to stay informed about legal developments and to engage actively in consultation and compliance. By working with the relevant authorities and taking a proactive approach to AI governance, companies can help shape a balanced regulatory framework that encourages innovation while protecting the rights and interests of all stakeholders.

The opening of the International Centre for Artificial Intelligence at Mohammed VI Polytechnic University in November 2022 positions Morocco as a pioneer of AI innovation in Africa. Ai Movement, this international artificial intelligence centre, is a real catalyst for the emergence of Moroccan know-how in AI and Data Science. It plays a central role in linking and consolidating the various AI initiatives, with the ambition of making Morocco a regional AI hub with impact on its ecosystem, at strategic, educational and industrial levels. The centre also acts as a driver to anticipate and support changes and transformations in AI and Data Science, offering innovative, operational, resilient and ethical solutions to the challenges of society, the environment, the market, the economy and technology.

Finally, on Thursday 21 March, the UN General Assembly adopted by consensus the first UN resolution on Artificial Intelligence (AI), initially sponsored by Morocco and the United States.

AI regulatory framework at international level 

In a constantly changing international context, AI regulation is attracting growing interest. Several countries and organisations have already taken steps to regulate the use of AI, going beyond mere bills. For example, the European Union recently adopted the first regulation on AI, known as the "AI Act", after an in-depth discussion and consultation process. This law aims to regulate the use of high-risk AI while ensuring transparency and accountability.

The "AI Act" is a major step forward in AI regulation, especially in light of emerging technologies such as ChatGPT. This pioneering legislation responds to the urgent need for a suitable legal framework to regulate these disruptive technologies.

The main rules in the "AI Act" include:

1. Respect for copyright and identification of artificial content: Generative AI must now ensure respect for copyright and clear identification of artificial content.

2. Human oversight for high-risk AI: AI systems deemed high-risk, especially in critical sectors such as education and security, must be subject to permanent human oversight. They must also meet strict requirements such as complete technical documentation and proactive risk management.

3. Ban on abusive uses of AI: Some uses of AI, such as mass surveillance and social scoring, will be banned, in line with European principles. However, exemptions will be allowed for public security reasons.

This European legislation marks an important step towards effective AI regulation, but it also highlights the need for international cooperation and coordination to meet common challenges. Initiatives such as the Global Partnership on AI (GPAI) aim to ease dialogue and collaboration between governments, industry and civil society to ensure balanced and consistent AI regulation worldwide.

It is crucial for companies and procurement professionals to stay informed about international regulatory developments in AI and to engage actively in the relevant consultation and compliance processes. By working with national and international authorities, they can help shape a global regulatory framework that encourages innovation while protecting the rights and interests of all stakeholders.

Future outlook and challenges 

As the AI regulatory framework continues to develop nationally and internationally, several challenges remain. It is essential to strike a balance between promoting innovation and protecting individual rights. In addition, the cross-border nature of AI raises questions about harmonising regulations worldwide. Nevertheless, by working together, governments, companies and civil society can create a regulatory environment that supports the ethical and responsible use of AI.

To overcome these challenges, it is crucial to strengthen international cooperation and encourage the exchange of good practices in AI regulation. Multilateral forums such as the United Nations and the Group of Twenty (G20) offer important platforms to support this dialogue and collaboration.

It is also essential to actively involve stakeholders in the policy-making process to ensure AI regulations reflect the needs and concerns of all parties involved. This includes the participation of companies, civil society, technical experts and human rights groups.

Finally, it is vital to adopt an approach based on the fundamental principles of transparency, accountability and respect for human rights in AI regulation. This will ensure AI is used ethically and responsibly, while supporting innovation and economic growth.

Together, by addressing these challenges proactively and collaboratively, we can create a regulatory environment that supports a beneficial and socially responsible use of AI, helping to shape a future where AI drives progress and well-being for all.

In conclusion, the AI regulatory framework is a constantly evolving field, with significant developments both nationally and internationally. In Morocco, discussions are under way to draw up specific regulations that address local AI needs and challenges. Internationally, efforts are multiplying to create consistent standards and regulations that encourage innovation while protecting fundamental rights and values. It is crucial to keep monitoring these developments and to engage actively in the AI regulation process to ensure a future where AI is used ethically and for the benefit of society.

In light of these developments, it is crucial for procurement players in Morocco and internationally to stay informed and engage actively in discussions on AI governance.

To find out more about how your company can navigate this complex regulatory landscape while taking advantage of AI in procurement, contact us today.

Abdelilah EL ATTARI

Expert in digital transformation and Artificial Intelligence (AI): Procurement digitalisation (S2C, P2P), HRIS, Civic Tech and participatory democracy, Marketing and customer relations