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# Model Contractual Clauses for the public procurement of Al (MCC-Al)
- URL: https://www.aigl.blog/model-contractual-clauses-for-the-public-procurement-of-al-mcc-al/
- Published: 2025-06-06T10:22:50.000Z
- Updated: 2026-09-19T17:55:59.000Z
- Description: This commentary serves as a companion guide to the MCC-AI—model contractual clauses designed to help public sector entities procure AI systems in line with the upcoming requirements of the EU AI Act.
- Author: Jakub Szarmach
- Tags: Template, Policy, #aigl-library

[Model Contractual Clauses for the public procurement of AI (MCC-AI)Model Contractual Clauses for the public procurement of AI (MCC-AI).pdf423 KBdownload-circle](https://www.aigl.blog/content/files/2025/06/Model-Contractual-Clauses-for-the-public-procurement-of-AI--MCC-AI-.pdf "Download")

### 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.

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### 💡 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.

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### 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.

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### 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.

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### 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