The moment to set AI terms is the tender
Every SaaS vendor is building AI into its software — often without it showing up in the contract. Anyone who only looks at data use, model training and liability after signing has no negotiating position left. The selection and tender phase is the only moment you can set requirements without paying extra for them.
What you get
- Risk classification & EU AI Act — the risk class determined per AI system and translated into concrete requirements for your vendor.
- AI clauses in the contract — data use, model training, liability, transparency and exit spelled out in black and white, via AI addenda to existing contracts.
- AI requirements in the tender — a requirements programme that tests vendors on their AI, with clear weighting criteria. Tender-proof, public and private.
- Subcontracting & third-party AI — the AI your vendor itself sources from third parties is captured too: sub-processors, approval of new AI subcontractors and pass-through of liability.
Why now
The core obligations of the EU AI Act take effect in stages through 2026 and also require demonstrable control of AI risk at your vendors — not just your own AI. At the same time, the share of business applications with built-in AI agents is growing fast. Contracts that say nothing about this become outdated within months.
Already procured? Ongoing monitoring — AI inventory, shadow-AI detection and a renewal radar — is handled by VendorManager.nl, our Vendor & AI Control Tower.
Frequently asked questions
What are AI clauses and why do I need them?
AI clauses set out what a vendor may do with your data (for example, model training), who is liable for AI output, what transparency you get and how the exit is arranged. Without clauses, the vendor's standard terms apply.
Does the EU AI Act also apply to software I merely use?
Yes. The regulation places obligations on both providers and users (deployers) of AI systems. As a user, you need to know, among other things, which AI you are using, which risk class it falls into, and whether your vendor meets its obligations.
Can existing contracts be amended?
Yes — via an AI addendum to the existing contract. The natural moment is a renewal or expansion, when there is room to negotiate.
Test your sourcing model
Schedule a no-obligation call with Bob Goosen, or start with the free Sourcing Quickscan.
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