The standard EU model contractual AI clauses have been drafted in assignment of the 'Procurement of AI community' and have been peer-reviewed by experts.
- For who are they? They are available for public organisations wishing to procure an AI system developed by an external supplier. Organisations are invited to read them carefully and customize them to the specific context of the organisation and the specific procurement.
- What is the context? The EU model contractual AI clauses contain provisions specific to AI systems and on matters covered by the proposed AI Act. The High Risk version of the EU model contractual AI clauses targets in particular AI systems classified as ‘high-risk’ within the meaning of Article 6 and listed in one of the areas covered by Annexes II and III of the proposed AI Act. For non-high risk AI the application of these requirements is not mandatory under the AI Act, but recommended to improve trustworthiness of AI applications procured by public organisations. The Non-High Risk version of the EU model contractual AI clauses targets Non-High Risk AI systems. They need to be customized to each specific contractual context. For example, EU model contractual AI clauses do not contain any conditions concerning intellectual property, acceptance, payment, delivery times, applicable law or liability. The EU model contractual AI clauses are drafted in such a way that they can be attached as a schedule to an agreement in which such matters have already been laid down.
- Where are the translated versions available? You can find the translated versions in the Resource "EU model contractual AI clauses to pilot in procurements of AI" under the link "Other Languages (23)".
If you are procuring any AI-based solution (for a pilot or an operational implementation) you are kindly invited to share your initiative here, on the Public Sector Tech Watch - a knowledge hub managed by the European Commission. In doing so, you will promote the dissemination of best practice and have the opportunity to share your experience with others facing the same issues and challenges. The Observatory already includes more than 1100 use cases of AI in the public sector. With the upcoming self-report tool it will spread the voice of the clauses and help tracking the use of these clauses across Europe. Submitted solutions will also have the opportunity to win an award for the most innovative solution using emerging technologies in Europe.