Our AI Contracting & Clause Suite helps organizations address the use and deployment of artificial intelligence in a legally compliant and commercially viable way within their contractual frameworks. We develop tailored AI-specific contract clauses and integrate them into existing agreements, taking into account regulatory requirements, liability risks, and data-related considerations in the European market.
KI Contracting & Clause Suite
Modular fixed-price consulting for the development and integration of AI-specific contractual clauses in B2B SaaS, platform, and procurement agreements.
Modul 1
AI Clause Module for SaaS and Cloud Agreements (B2B)
Integration of AI-specific contractual clauses into SaaS and cloud agreements where AI functionalities are used or provided.
Objective
To ensure that AI functionalities are addressed in a legally compliant and commercially viable manner in SaaS and cloud agreements, taking into account regulatory requirements and liability risks.
Scope of Services
- Review of existing SaaS and cloud agreements
- Identification of AI-related risk areas (e.g., generative AI, model training, output-related risks)
- Development of modular AI clause templates, including:
- Description of AI functionalities and services
- Distinction between deterministic and probabilistic systems
- Use of training data and customer data
- Transparency and disclosure obligations
- Allocation of liability for inaccurate or harmful outputs
- Intellectual property rights relating to models, data, and outputs
- Compliance with the AI Act
- Audit and information rights
- Integration of AI clauses into existing contract structures
- Annotated redline version with explanations and recommendations
Format
- Contract review and analysis
- Development of modular AI clause templates
- Integrated redline version of the agreement
- Optional results and alignment call
Deliverables
- Legally compliant SaaS and cloud agreements incorporating AI-specific provisions
- Reusable modular AI clause templates
- Clear allocation of risks, rights, and responsibilities relating to AI use
Scope Limitations
- Limited to B2B business models
- Does not include technical conformity assessments or certification reviews under the AI Act
- Does not include a comprehensive data protection documentation review (available as a separate service)
Modul 2
AI Clause Module for Platform Terms & Conditions
Development and integration of AI-specific contractual clauses for platform terms and conditions and user agreements.
Objective
To ensure that AI-enabled platform functionalities are reflected in platform terms and conditions in a legally compliant and strategically aligned manner.
Scope of Services
- Review of existing platform terms and conditions
- Identification of AI-related functionalities, risks, and legal requirements
- Development of AI-specific clauses, including:
- Transparency and disclosure obligations
- Limitations on automated decision-making
- Liability for AI-generated content and outputs
- User responsibilities and cooperation obligations
- Use of user-generated content for AI training purposes
- Alignment with platform regulation requirements (e.g., the Digital Services Act (DSA))
- Integration of AI clauses into the existing terms and conditions framework
- Optional strategy workshop on risk allocation and positioning
Format
- Review of platform terms and conditions
- Development of AI-specific contractual clauses
- Redline version with structured commentary and recommendations
- Optional strategy workshop on risk allocation
Deliverables
- Updated platform terms and conditions with AI-specific provisions
- Clear allocation of risks and responsibilities between users, the platform operator, and AI systems
- Strategically aligned contractual risk allocation framework
Scope Limitations
- Focus on B2B or hybrid platform business models
- Does not include a comprehensive Digital Services Act (DSA) compliance review (available as a separate service)
- Does not include a full competition law or unfair competition assessment
Modul 3
AI Clause Module for Procurement Terms & Conditions
Development of AI-specific contractual clauses for procurement terms and supplier agreements relating to the purchase of AI systems and AI-enabled services.
Objective
To reduce risks associated with third-party AI solutions and ensure clear contractual safeguards for regulatory, technical, and liability-related requirements.
Scope of Services
- Review of existing procurement terms and conditions and supplier agreements
- Identification of AI-specific procurement risks, including:
- Use of non-compliant AI systems
- Lack of transparency regarding training data sources
- Infringement of third-party intellectual property rights
- Data protection and confidentiality risks
- Dependency on proprietary AI models and providers
- Development of AI-specific contractual clauses, including:
- Warranties regarding compliance with the AI Act
- Disclosure of risk classification and system architecture
- Documentation and audit rights
- Enhanced liability provisions for regulatory violations
- Indemnities for intellectual property and data protection claims
- Exit, transition, and migration rights
- Integration of AI-specific provisions into existing procurement terms and conditions
Format
- Contract and document review
- Development of AI-specific clause templates
- Integrated redline version of procurement documentation
- Results and implementation call for procurement and legal teams
Deliverables
- Legally compliant procurement terms and conditions for AI systems and AI-enabled services
- Reduced supplier, regulatory, and compliance risks
- Clear contractual mechanisms for enforcing organizational AI governance and minimum standards
Scope Limitations
- Focus on B2B procurement scenarios
- Does not include technical due diligence of AI systems
- Does not include product-specific conformity assessments or certification reviews
Legally Compliant Contracting for the Use of AI
Modular Approach
Choose the contract areas where AI needs to be addressed in a legally compliant manner – from SaaS and platform agreements to procurement terms.
Direct Business Impact
Clear provisions on liability, intellectual property, and data use create certainty in contract negotiations and help reduce business risks.
Practical Solutions, Not Just Theory
No abstract legal advice – just practical clauses, redlined agreements, and contract provisions ready for immediate use.
Aligned with the AI Act and Market Standards
Taking regulatory requirements and current market practices for AI-driven business models into account.