An updated version of the EU AI model contractual clauses was published on 5 March 2025. Unfortunately, the update is really minor and almost solely focused on tightening the cross-referrals to the EU AI Act after its official publication, and marginal issues on clarity. The updated version is now accompanied by a Commentary on the model clauses. Regrettably, the Commentary does not shed light on the operationalisation of the model clauses beyond minimal aspects of internal consistency and consistency across with the EU AI Act.
The Commentary is not particularly helpful in explaining how its model clauses need to be integrated with broader contractual documentation for the acquisition of AI solutions. After recognising that the model clauses ‘do not constitute a full contractual agreement’, the Commentary indicates that ‘a contractual relationship of which the [model clauses] form part could take the following structure:
This is not helpful guidance.
Regarding the content of the model clauses, nothing has really changed. The example I keep returning to concerns the all important contractual regulation of accuracy, robustness and cybersecurity (Article 8).
The revised model clauses for high-risk AI still indicate the following in Article 8 (with only para 8.4 added to cross-refer to the EU AI Act):
Article 8 is but an empty shell and all substantive requirements are left to Annexes G and H.
Annex G is however blank:
Annex H is also almost blank:
Unfortunately, the Commentary on Article 8 is equally limited.
So, despite the update of the model clauses and the addition of the Commentary, the guidance remains extremely limited — not going beyond a relatively structured skeleton of ‘things to think about and deal with’ in the procurement of an AI solution.
Public buyers’ hopes for ‘plug and play’ guidance are thus bound to be disappointed. More importantly, it is hard to see how model clauses can meaningfully move beyond this initial stage without significant investment in the development of a library of meaningful and sufficiently developed options in relation to each of the relevant Annexes. A lot more needs to be done if the exploding pressure for the procurement of AI is not to result in botched AI acquisitions.