AI is already in your software. Is it in your contract too?

Vendors switch AI on through an update, a new licence tier or a price letter. We make sure your requirements are on the table before their terms are: at selection, at renewal and at the next price letter.

AI in your contracts

Three moments when you buy AI, even if you don't call it that

Most organisations don't buy AI; they get it thrown in. Microsoft 365, Salesforce, your HR system, the helpdesk tool: every quarter AI features are added, often switched on by default and sometimes at an extra price. The contract you signed says nothing about it. AI procurement is the craft of arranging that after all, at the three moments when you still have a say.

1

At a new selection or tender

The only moment when requirements cost nothing extra. Whoever fails to pin down data use, model training, liability and the option to switch AI features off here negotiates from nothing later.

2

When an existing vendor adds AI

An update, a new licence (the 'Copilot' tier), a changed data processing agreement. This is the moment for an AI addendum: short, targeted, without reopening the whole contract.

3

At renewal

The last chance with leverage. Every renewal in your register is a decision moment to put AI terms, price and usage in order in one go.

What we do

What we do for you

AI inventory and risk class

Which AI features are switched on in which applications, who uses them for what, and which EU AI Act risk class that falls into. From that follows, per system, what you may demand from the vendor and what you must arrange yourself.

Requirements in the tender

A set of requirements with AI questions a vendor must answer concretely, with weighting. Usable in a European tender and in a private request for proposal.

AI clauses and addenda

Data use, model training, transparency about new features, liability for AI output, location of processing and exit, as clauses in a new contract or as an addendum to an existing one.

Subcontracting in the chain

The AI your vendor itself buys from third parties (model providers, sub-processors): insight, approval rights on changes and flow-down of your requirements to those parties.

Checklist

Five questions to ask every vendor

  1. Do you use our data to train your models, and can we switch that off?
  2. Which AI features are on now, and will we hear before you switch on new ones?
  3. Where is our data processed for those features, and by whom?
  4. Who is liable when AI output is wrong and we rely on it?
  5. Can we switch AI features off or step out of them without losing the rest of the service?

A vendor who answers these questions readily is usually also the vendor willing to put them in the contract. One who talks around them has given you your first finding.

EU AI Act

What the EU AI Act asks of you as a user

The regulation places the heaviest duties on the provider of an AI system, but the organisation using it has obligations of its own: knowing which AI you deploy, following the provider's instructions, arranging human oversight where required, and for high-risk uses being able to show that you do. The obligations take effect in stages; which date counts for you depends on the use.

In practice that means: an inventory that is correct, contracts that hold the provider to its duties, and a fixed moment each year to look at it again. That last part is exactly what VendorManager.nl does as a service: keep the AI inventory with risk classes, put vendors' AI addenda and declarations on file, and prepare every renewal and annual review with the AI terms included.

AI clauses are not the same as the data processing agreement. That covers personal data under the GDPR; AI clauses also cover non-personal data, model training, liability for output, transparency about new features and the option to switch AI off. You need both, and they must not contradict each other.

Further reading

Further reading

Want to know which AI is switched on at your organisation?

Schedule a no-obligation call with Bob Goosen or take the free Sourcing Quick Scan first.

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