These standard EU model contractual AI clauses have been drafted by legal experts and have been peer-reviewed in the context of the Legal and Financial subgroups of Living-in.EU and in collaboration with DG GROW and the Big Buyers Working Together community via two Roundtables. They are the updated version of the Model Clauses that have been shared in April 2023. 

The High Risk version of the EU model contractual AI 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. The Non-High Risk version of the EU model contractual AI clauses targets Non-High Risk AI systems. 

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 translated in all EU languages. The translations are accessible under "Other languages" under the EN here.