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European Union

EU AI Act model clauses for AI procurement (MCC‑AI): public-sector origins, high‑risk versus non‑high‑risk versions, contract implementation, and how they differ from EU GDPR SCCs

Published on: 07 April 2025

Published by a LexisNexis EU Law expert
Legal News
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Article summary

Background

The initial iteration of the MCC‑AI appeared in September 2023 ahead of the EU AI Act, setting out a systematic route for sourcing AI. Following the EU AI Act’s formal entry into force on 13 June 2024, the Commission has updated the model clauses to better match regulatory expectations. The latest release comprises:

  • a comprehensive edition for high‑risk AI systems
  • a streamlined variant for non‑high‑risk AI systems
  • a commentary detailing how to tailor and apply the clauses

Why should companies get acquainted with the MCC-AI?

The MCC‑AI offers a practical framework for businesses buying or supplying AI services, by setting a shared baseline of obligations. The clauses foster alignment between parties on core compliance areas — transparency, risk management and accountability — consistent with the EU AI Act. By tailoring MCC‑AI clauses to their circumstances, contracts and operations, organisations can speed up negotiations, cut legal ambiguity and show they are prepared for regulation. This is especially useful in a shifting legal environment, where AI governance duties continue to evolve, helping firms anticipate and manage prospective risks and obligations.

Who has issued the MCC-AI?

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