This set of clauses has been UPDATED! please find the most recent set here. 

These standard clauses have been updated for further discussion in the Round Table 1 and the Round Table 2.

General information about the AI Clauses 

These standard contractual clauses have been drafted 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.

Considering that the proposed AI Act is still under negotiations, public organisations that decide to use the standard contractual clauses 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. The full version of the standard contractual 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. This light version of the standard contractual clauses targets in particular 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 full version or this light 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 standard contractual clauses only 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 standard contractual clauses do not comprise a full contractual arrangement. For example, these standard contractual clauses do not contain any conditions concerning intellectual property, acceptance, payment, delivery times, applicable law or liability. The standard contractual 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.

These clauses are developed for discussion in round tables for which you can express your interest. Through the round tables we gather input on these clauses, which Jeroen Naves will process. The clauses enriched with the input of these round tables will be translated in all EU languages and made available to this community for further testing and piloting in specific procurements of AI by participating Contracting Authorities.