European Union: European Commission proposes EU standard contractual clauses for procurement of non-high-risk AI systems

Description

European Commission proposes EU standard contractual clauses for procurement of non-high-risk AI systems

On 29 September 2023, the European Commission published a proposal for standard contractual clauses (SCCs) for the procurement of non-high-risk artificial intelligence (AI) by public organisations, aligning with the proposed EU AI Act​. The SCCs would establish supplier obligations for transparency, risk management, data governance, human oversight, and cybersecurity, recommending risk assessment, mitigation, and ongoing monitoring to promote trustworthy AI procurement​​. These clauses would provide a flexible legal framework for public authorities, even for systems not classified as high-risk under the AI Act. AI suppliers would be encouraged to provide technical documentation, user instructions, logging capabilities, and record-keeping practices while ensuring human oversight to allow public organisations to monitor and interpret AI systems. Additionally, suppliers should define rights to use data sets, including ownership, permitted use, and data retention or transfer conditions, with compliance supported through voluntary audits, reporting mechanisms, and transparency measures.

Original source

Scope

Policy Area
Public procurement
Policy Instrument
Public procurement access
Regulated Economic Activity
ML and AI development
Implementation Level
supranational
Government Branch
executive
Government Body
central government

Complete timeline of this policy change

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2023-09-29
under deliberation

On 29 September 2023, the European Commission published a proposal for standard contractual clauses…

2025-03-05
adopted

On 5 March 2025, the European Commission published Model Contractual Clauses (MCC-AI-Light) for the…

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