EU Artificial Intelligence Act: Updated Model AI Contract Clauses

The EU’s Community of Practice on the Public Procurement of AI recently updated its model contractual clauses (MCC-AI) for use in connection with procurement of AI systems by public sector organizations.  The clauses include a “full version” intended for high-risk AI, a “light version” for non-high-risk AI that’s customizable to specific needs, and a commentary with guidance on how to use and customize the provisions. This excerpt from a Covington blog provides some additional details on the model clauses and commentary:

The MCC-AI consists of two templates:

The MCC-AI-High-Risk template is intended for the procurement of AI systems classified as “high-risk” under the AI Act.  It is based on the requirements and obligations for high-risk AI systems set out in Chapter III of the AI Act.

The MCC-AI-Light template is intended for the procurement of AI systems that are not classified as high-risk, but may still pose risks to health, safety, or fundamental rights.  It can also be used for the procurement of other algorithmic systems that do not fall within the definition of AI systems under the AI Act but may pose similar risks.  Like the High-Risk template, MCC-AI-Light is based on the requirements in Chapter III of the AI Act.

The commentary to the MCC-AI recommends selecting and applying provisions from the template as appropriate to the specific situation, and so assumes that parties understand the use case under which their AI falls.  Although the MCC-AI were developed for use by public organizations, the commentary suggests that some clauses may also serve as a useful reference for private companies entering into contracts with external suppliers for AI systems.

The blog also discusses the role that “Communities of Practice” play within the EU’s regulatory system, and notes that the templates and guidance provided by the Community of Practice on Public Procurement of AI aren’t binding or officially endorsed by the EC.