What’s Covered
- Context and Applicability: The MCC-AI are meant for public organizations acquiring AI systems—particularly those classified as high-risk under the EU AI Act. They incorporate requirements from Chapter III of the AI Act and anticipate future compliance needsModel Contractual Claus….
- High-Risk vs. Light Versions: The resource distinguishes between AI systems that are high-risk and those that are not but still require transparency and explainability. Guidance is given on selectively applying provisions from the Light version where full compliance isn't proportionateModel Contractual Claus….
- Clause-by-Clause Commentary: The document walks through each article of the MCC-AI—from definitions and risk management to conformity assessment, transparency, data rights, and indemnifications. Notably:
- Article 14 emphasizes the supplier’s obligation to assist with explaining AI decisions to individuals—a nod to fundamental rights protection and the AI Act’s Article 86Model Contractual Claus….
- Article 18 highlights indemnity obligations, ensuring that public bodies aren’t held liable for unauthorized data useModel Contractual Claus….
- Customizability and Annexes: The commentary encourages case-by-case tailoring of annexes (e.g. on transparency, human oversight, and dataset rights), with specific advice for general-purpose and off-the-shelf AI systemsModel Contractual Claus….
- Practical Deployment: There’s strong emphasis on the MCC-AI not replacing a full contract, but functioning as an annex to ensure AI-specific compliance. Examples include IP clauses, payment, and liability, which must be included elsewhere.
💡 Why it matters?
Public procurement is where EU AI governance will first hit the ground. This document operationalizes compliance with the AI Act through ready-to-use legal language, helping governments avoid vendor lock-in, safeguard rights, and hold AI suppliers accountable. It bridges policy and practice, making the AI Act's regulatory demands executable through contractual obligations.
What’s Missing
- No sample templates: While highly explanatory, the commentary doesn’t include a filled-out sample contract using the clauses. This would benefit smaller administrations with fewer in-house legal resources.
- Limited private sector perspective: The document is public-sector centric, which is expected—but given the rise of hybrid public-private partnerships in AI deployment, some crossover use cases could’ve been addressed.
- No explicit red flags: It avoids strong stances on what not to do. A short section on common procurement pitfalls would boost its practical value.
Best For
- Public sector legal teams preparing AI procurement contracts.
- Policy advisors translating the EU AI Act into organizational practices.
- Contract managers working with high-risk or general-purpose AI tools under tight compliance deadlines.
Source Details
- Title: Commentary to the MCC-AI: Model Contractual Clauses for the Public Procurement of AI
- Authors: Jeroen Naves; Reviewed by Anita Poort and Ivo Locatelli
- Publisher: European Commission, Public Buyers Community
- Date: 12 February 2025
- Status: Dynamic Working Document
- Length: 15 pages
- Document Type: Legal commentary / procurement guidance
