AI clauses

This subtopic contains Precedent clauses that a customer may seek to incorporate in contracts for artificial intelligence (AI) systems when presented with a supplier’s standard terms.

AI systems raise particular challenges. They are often adaptive and capable of learning and it may be difficult to predict how they will perform in a real-world setting. They can be ‘black boxes’ and it may not always be possible to fully understand their workings. The performance of AI systems can drift, for example when the model data is no longer reflective of production data due to changes in the data. There can also be issues with unwanted automatic learning by the model. New risks and issues may be identified during deployment and corrections may be needed. AI systems also raise ethical challenges and are capable of accelerating societal harms such as bias and discrimination. All of this complexity can mean that traditional contracts for technology solutions may not be entirely fit for purpose for the supply of AI systems.

While the market for procuring AI systems is developing, it has not yet reached a mature status and customers may find that suppliers