This framework establishes minimum standards for companies, promoting compliance with transparency, risk management, and accountability as mandated by the EU AI Act.

The MCC-AI clauses are designed to be incorporated into procurement contracts rather than used as standalone agreements, focusing specifically on AI systems and the regulatory landscape without addressing other legal obligations.

Employing the MCC-AI can streamline negotiations, reduce legal uncertainties, and demonstrate regulatory compliance for organizations involved in procuring or providing AI services.

Key areas covered by the MCC-AI include AI system requirements, supplier obligations, data governance, audit mechanisms, and financial responsibilities related to AI compliance.

It is important to note that the MCC-AI differs from the EU standard contractual clauses (SCCs), which are legally binding templates focused on personal data protection under the GDPR.

The continuous evolution of AI contracting terms underscores the importance of compliance with the EU AI Act, as highlighted by the Covington team.

The clauses were issued by the Public Buyers Community Platform, which aims to enhance collaboration in public procurement across the EU, functioning as a working document rather than an official position of the European Commission.

These updated MCC-AI templates, released on March 5, 2025, align with the EU AI Act, which came into effect on August 1, 2024, and provide distinct provisions for both 'high-risk' and 'non-high-risk' AI systems.

The MCC-AI includes a comprehensive version for high-risk AI systems and a lighter version for non-high-risk systems, ensuring that both templates address procurement processes relevant to their risk classifications.

Specifically, the MCC-AI-High-Risk template outlines obligations for AI systems deemed high-risk under the AI Act, while the MCC-AI-Light template caters to non-high-risk systems that may still present certain risks.

The European Commission has introduced updated Model Contractual Clauses for AI Procurement (MCC-AI) to aid public-sector buyers in navigating the complexities of AI procurement under the EU AI Act.

Public authorities utilizing the MCC-AI are encouraged to report their implementations to the Public Sector Tech Watch, which has already documented over 900 instances of AI applications in the public sector.