General information about the EU model contractual AI clauses
These standard EU model contractual AI clauses have been drafted in assignment of this community and have been peer-reviewed by experts. They are the updated version of the Model Clauses that we have shared in April this year. This community has made these clauses available for public organisations wishing to procure an AI system developed by an external supplier. Considering that the proposed AI Act is still under negotiations, public organisations that decide to use these conditions may do that on a voluntary basis assessing on a case-by-case basis whether the various sections of these standard contractual clauses are sufficient and proportionate for procuring a particular AI system. We invite those organisation to read them carefully and customize them to the specific context of the organisation and the specific procurement.
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.
Where appropriate and justified depending on the impact of the system on the individuals and the society, public organisations may also extend the application of these clauses, either the High-Risk version or the Non-High Risk Version, to other algorithmic systems that may not be necessarily qualified as ‘AI’ to cover in addition simpler software rule-based systems, considering that their use in the public sector may also require in certain cases increased accountability, control and transparency.
The EU model contractual AI clauses contain provisions specific to AI systems and on matters covered by the proposed AI Act, thus excluding other obligations or requirements that may arise under relevant applicable legislation such as the General Data Protection Regulation. Furthermore, these EU model contractual AI clauses do not comprise a full contractual arrangement. 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.
The EU model contractual AI clauses are translated in all EU languages. The translations are accessible via the link “Other languages” below. Secondly an Explanatory Note with more specific clarification on how to understand the EU model contractual AI clauses and where to report the use cases will follow.