On 5 March 2025, the European Commission released an updated model of contractual clauses (“MCC”) for artificial intelligence (“AI”), distinguishing between high-risk and non-high-risk AI systems, and thus, amending the original version dated on September 2023 to align with the new EU AI Act adopted in June 2024.
The purpose of the MCC-AI is to set out contractual conditions that enable public administrations (“Contracting Authorities”) to comply with its obligations. When the Contracting Authority is purchasing an AI system that is classified as High-Risk under the AI Act, the Contracting Authority and the Supplier must comply with the relevant obligations outlined in the AI Act. The High-Risk AI MCC are intended for the procurement of AI systems identified as high-risk in the AI Act. These AI systems may pose a high risk to the health and safety or fundamental rights of persons. The aim of the High-Risk AI MCC is to mitigate that risk. The MCC-AI-Light are available for AI Systems that are not classified as High Risk under the AI Act or other algorithmic systems but nevertheless require transparency obligations or requirements for explanation of individual decision-making by the public administration.
