Local authorities are increasingly using AI technologies and algorithmic systems to operate their territories and provide services to citizens. With AI having a bigger impact on citizens’ lives, there is a growing need for instruments that can guarantee the use of AI in a responsible and secure manner, ensuring for example transparency about the decision-making processes and accountability.
Supporting the responsible and transparent use of AI
The community on the Procurement of AI is glad to announce the finalisation of the EU model contractual AI Clauses to use in procurements of AI and invites public organisations to pilot them and give the AI community feedback on their use. The clauses are developed for pilot use in the procurement of AI with the aim to establish responsibilities for trustworthy, transparent, and accountable development of AI technologies between the supplier and the public organisation.
EU model contractual AI Clauses represent a fundamental tool for public authorities to use and pilot in their future procurement of AI technology. 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.

