AI clauses

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STOP PRESS: Regulation (EU) 2026/1744 amending Regulation (EU) 2024/1689, Regulation (EU) 2018/1139 and Regulation (EU) 2023/1230 as regards the simplification of the implementation of harmonised rules on artificial intelligence (Digital Omnibus on AI) was published in the Official Journal on 24 July 2026 and entered into force on 27 July 2026. This overview will be updated shortly to reflect amendments to Regulation (EU) 2024/1689, the EU Artificial Intelligence Act. For further information on the changes introduced by the Digital Omnibus on AI, see Practice Note: EU Digital Omnibus—tracker and News Analysis: Digital Omnibus proposal—re-writing the EU's digital rulebook.

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 non-deterministic 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

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