Record STMT-W54D663Voluntary

Proposal for standard contractual clauses for the procurement of Artificial Intelligence (AI) by public organisations Version September 2023 (draft) – High Risk version

These standard contractual clauses are drafted for public organisations wishing to procure a high-risk AI system developed by an external supplier. Developed as a draft resource by the Procurement of AI Community, they align closely with the requirements of the proposed EU AI Act. The document covers essential supplier obligations including risk management, data governance, technical documentation, record-keeping, transparency, human oversight, accuracy, and cybersecurity.

Summary and content fields are drawn from the document text and are pending editorial review.

Who issued it

Pels RijckenOther

Lead issuer

Legal forceVoluntary

Under whose authorityContractual

Judged fromfull text

Who it governs

Public sector bodiesCompaniesAI developers and providersAI deployers and users

Public sector procurement officers and legal advisors looking to draft contracts for acquiring AI systems.

Sectors

Cross-sectorPublic administration · public procurement of AI

What the document contains

What's covered

The document addresses contract terms for AI procurement, covering supplier obligations such as risk management systems, data governance, technical documentation, automatic record-keeping (logging), transparency, human oversight, accuracy, robustness, and cybersecurity.

What's missing

The document does not contain commercial conditions concerning intellectual property (beyond data rights), acceptance, payment, delivery times, applicable law, or general liability.

Key takeaways

The model contractual clauses are designed for public organisations procuring high-risk AI systems from external suppliers.
The clauses incorporate requirements modelled on Title III of the proposed EU AI Act.
Suppliers must implement a continuous risk management system, appropriate data governance, automatic logging, and measures for human oversight.
The document addresses intellectual property and use rights regarding both public organisation data sets and supplier data sets.
Public organisations retain audit rights to inspect compliance and demand information or testing.

Outline

· Disclaimer
· Introductory remarks
· Section A – Definitions
· Section B – Essential requirements in relation to the AI-system
· Section C – Obligations of the Supplier in relation to the AI System
· Section D – Rights to use the Data Sets
· Section E – AI register and audit
· Section F – Costs
· Annex A – The AI System and the Intended Purpose
· Annex B – The Data Sets
· Annex C – Technical documentation
· Annex D – Instructions for use
· Annex E – Measures to ensure transparency
· Annex F – Measures to ensure human oversight
· Annex G – Levels of accuracy
· Annex H – Measures to ensure an appropriate level of robustness, safety and cybersecurity

IssuedSeptember 2023

Length6,681 words

FormatNot recorded

Scoperegional

How it scores

Pending review

Each score is backed by a quote verified against the document text. Editorial review has not yet confirmed them.

Accountability

4/5

Clear responsibility for AI outcomes

The Supplier must ensure that from the Delivery of the AI System until the end of the term of the Agreement the AI System complies with the requirements established in Section B of these Clauses.

Article 9

screening score · 2026-10-23

Fairness

4/5

Non-discrimination and equitable treatment

examination in view of possible biases that are likely to affect health and safety of natural persons or lead to discrimination prohibited by the laws of the European Union

Article 3.1(f)

screening score · 2026-10-23

Human Dignity

1/5

Respect for the inherent worth of persons

fundamental rights of the European Union

Article 2.2(a)

screening score · 2026-10-23

Human Oversight

4/5

Humans remain in control of consequential decisions

The Supplier ensures that the AI System has been and shall be designed and developed in such a way, including with appropriate human-machine interface tools, that it can be effectively overseen by natural persons

Article 7.1

screening score · 2026-10-23

Privacy

2/5

Protection of personal data and private life

in respect of any breach of their intellectual property rights, privacy rights or equivalent claims

Article 17.1

screening score · 2026-10-23

Transparency

4/5

Openness about how AI systems work and are used

The Supplier ensures that the AI System has been and shall be designed and developed in such a way that the operation of the AI System is sufficiently transparent to enable the Public Organisation to reasonably understand the system’s functioning.

Article 6.1

screening score · 2026-10-23

Enforcement

4/5

Consequences and compliance mechanisms with real force

If the Supplier fails to remedy the defects identified by the Public Organisation within the term set in the report for remedying such defects, the Supplier will be in default by operation of law.

Article 19.3

screening score · 2026-10-23

Impact Assessment

4/5

Required assessment of an AI system's risks/impacts before or during use

The Supplier ensures that, prior to the Delivery of the AI System, a risk management system shall be established and implemented in relation to the AI System.

Article 2.1

screening score · 2026-10-23

Topics

procurement contractual_clauses high_risk_ai risk_management public_sector transparency