Artificial Intelligence law at Madagascar
As of May 2025, Madagascar is in the early stages of developing a regulatory framework for Artificial Intelligence (AI). While there is no specific AI law in place, existing data protection legislation provides a foundational basis for addressing AI-related concerns, particularly in areas like automated decision-making and data privacy.
🇲🇬 Madagascar’s Legal Framework Relevant to AI
1. Law No. 2014-038: Protection of Personal Data
Enacted in 2015, this law serves as the primary legal instrument for data protection in Madagascar. Key aspects include:(DLA Piper Data Protection)
Definition of Personal Data: Any information relating to a natural person that can identify them, directly or indirectly.(DLA Piper Data Protection)
Sensitive Personal Data: Includes information on racial origin, biometric and genetic data, political opinions, religious beliefs, trade-union affiliation, and health or sexual life.(CaseGuard)
Data Processing Regulations: Establishes guidelines for the collection, processing, and storage of personal data.(CaseGuard)
Enforcement: The Commission Malagasy sur l’Informatique et des Libertés (CMIL) is designated as the regulatory authority, though it is not yet fully operational due to pending appointments. (DLA Piper Data Protection)
2. Law No. 2024-004: Ratification of the Malabo Convention
In June 2024, Madagascar ratified the African Union Convention on Cyber Security and Personal Data Protection (Malabo Convention). This treaty aims to harmonize data protection laws across African nations and enhance cybersecurity measures. While the law has been adopted, its publication in the Official Gazette is still pending. (DLA Piper Data Protection, DLA Piper Data Protection)
🤖 AI Applications and Initiatives in Madagascar
Despite the lack of specific AI legislation, Madagascar is exploring AI applications in various sectors:
Customs and Revenue Collection: In early 2025, AI tools, including image analysis and risk assessment systems, were implemented in customs operations. These technologies contributed to a 68% increase in customs revenues year-on-year in January 2025. (We Are Tech)
Digital Governance: The government is considering the development of a universal digital identity system to formalize the economy, enhance tax collection, reduce corruption, and improve public service efficiency. (ISS Africa)
⚖️ Regulatory Gaps and Considerations
While existing data protection laws provide a foundation, there are notable gaps in addressing AI-specific challenges:
Lack of AI-Specific Legislation: There is no dedicated AI law to address issues such as algorithmic transparency, accountability, and bias.
Operational Challenges: The CMIL, responsible for enforcing data protection laws, is not yet fully operational, limiting the effectiveness of current regulations.(DLA Piper Data Protection)
Public Awareness and Engagement: There is a need for increased public awareness and engagement regarding AI technologies and their implications.
đź”® Looking Ahead
Madagascar's approach to AI regulation is evolving, with a focus on integrating AI into governance and economic systems. The ratification of the Malabo Convention and ongoing initiatives signal a commitment to developing a comprehensive AI regulatory framework. However, the country faces challenges in operationalizing existing laws and addressing emerging AI-specific issues.(DLA Piper Data Protection)
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