AI Group

Chair

Minesh Tanna

Partner, Litigation & Arbitration, Simmons & Simmons LLP, SCL Trustee

Vice Chairs

Ricky Cella

Senior Associate, RPC

Shanthini Satyendra

Managing Legal Counsel, Technology & Innovations Santander UK, SCL Fellow

AI Group Committee

Coran Darling

AI & Data Analytics, DLA Piper (UK) LLP

Naomi Foale

Associate – Commercial, Technology and Copyright Disputes, Bristows LLP

Daniel Gray

Associate Solicitor, Mishcon De Reya

Charlie Lyons-Rothbart

Head of Legal, Wayve Technologies Ltd

Iain Munro

Barrister, 4 Pump Court

Alison Rees-Blanchard

Practice Support Lawyer, TMT, Lexis Nexis

Jack Sayle

Legal Counsel, Basis Technologies

Anne Todd

Partner, Michelmores LLP

Sara Vero

Emerging Technologies Counsel, JP Morgan

Professor Lorna Woods OBE

University of Essex


SCL EU AI Act Contractual Clauses

The SCL AI Group has created this document with the support of specialist contributors from the SCL membership. It supplements the inaugural AI Contractual Clauses project from the SCL AI Group (published in October 2023) with the aim of providing high-level guidance around the impact of the EU AI Act on contracts. This document sets out sample clauses that will hopefully enable contractual parties to consider potential contractual provisions to indicate compliance with, and assign responsibilities under, the EU AI Act, together with drafting notes to provide further information.

These clauses are for illustrative and educational purposes only, and are not tailored to any specific AI use cases. The clauses are intended to provide guidance on the types of issues that may be helpful to address in contracts relating to AI systems subject to the EU AI Act; they are not intended to, and do not constitute, legal advice, nor guarantee that by including the clauses contained herein, the parties will be compliant with the EU AI Act. It is recommended that you obtain independent legal advice. This document is not to be relied upon. None of the SCL (including its members), the contributors to this document or anyone else connected with this project assumes any responsibility or liability for this document or the use of its content and/or clauses.

The materials are being made available under the creative commons licence CC BY 4.0 which can be adapted and where full attribution shall be made provided liability is wholly excluded.

SCL EU AI Act Contractual Clauses: Feedback

This document is intended to be a first draft, which the SCL AI Group will improve over time, particularly in response to significant developments relating to the EU AI Act (e.g. Codes of Practice for GPAI models).

We would welcome feedback on this document. Please email your comments to hello@scl.org by 31 December 2024.


SCL Artificial Intelligence Contractual Clauses

The development and use of AI will increase significantly over the next few years. AI systems will therefore increasingly become the subject matter of transactional contracts. AI technologies create new and unique risks which will need to be reflected in those contracts.

The SCL AI Group has created a document (please find a link to the document below) to provide guidance to those involved in the drafting and negotiating of such contracts. The document sets out sample clauses (both “pro-supplier” and “pro-customer”), together with drafting notes, for transactions involving AI systems.

These clauses are for illustrative and educational purposes only, and are not tailored to any specific AI use cases. The clauses are intended to provide guidance on the types of issues that may be helpful to address in AI contracts; they are not intended to, and do not constitute, legal advice. It is recommended that you obtain independent legal advice on contracts involving AI. This document is not to be relied upon.

None of the SCL (including its members), the contributors to this document or anyone else connected with this project assumes any responsibility or liability for this document or the use of its content and/or clauses.  

The materials are being made available under a creative commons licence which can be adapted and where full attribution shall be made provided liability is wholly excluded.