Madagascar
AI behavior law: bot and agent disclosure, crawler and training-data rules, automated-agent transactions, and algorithmic decision-making.
Summary
Madagascar has a data protection law (Law No. 2014-038) and a cybercrime law (Law No. 2014-006, as amended by Law No. 2016-031). Law 2014-038, modelled on the EU Data Protection Directive 95/46/EC, established the Commission Malagasy de l'Informatique et des Libertés (CMIL) and requires a lawful basis for any personal data processing — public availability is not an exemption. Law 2014-006/2016-031 criminalises illegal access to computer systems, data/system interference, illegal interception, and misuse of devices. Enforcement remains materially limited: a Decree establishing the CMIL's structure was adopted in December 2023 (Decree 2023-1541) and one member (a National Assembly representative) was appointed in late 2024, but the CMIL is not fully operational pending appointment of all members; the government missed its January 2025 target date. A cybercrime unit at the police and gendarmerie (SLCC) exists. No specific scraping statute, no TDM exception, no sui generis database right. Confidence remains low: primary legislative texts are not readily accessible in English, CMIL enforcement is dormant, and no scraping case law exists.
Automated-access legality
Carried forward from the crawler-law index. Governs whether automated clients may access public websites in this jurisdiction.
| Dimension | Value |
|---|---|
| Authorization test | without permission |
| Public-page carve-out | unsettled |
| Terms-of-service browsewrap enforceable | notice dependent |
| Terms-of-service clickwrap enforceable | yes |
| Copyright exception model | closed list |
| Text and data mining — commercial status | prohibited |
| Text and data mining — opt-out mechanism | none |
| robots.txt legal weight | non binding notice |
| AI training-specific law | none |
| Privacy regime | Law No. 2014-038 on Protection of Personal Data (CMIL — Commission Malagasy de l'Informatique et des Libertés; partially appointed under Decree 2023-1541 of 6 December 2023, not yet fully operational as of May 2026) |
| Trespass to chattels | not recognized |
Last reviewed: 2026-05-24. Confidence: low. Not legal advice.