Incorporating AI model clauses into contracts and internal procedures

What the collection of AI model clauses contains

• Contracts with a provider: declaration of tools, data and confidentiality, verification of deliverables, rights in deliverables, incidents.
• Contracts in which the organisation is the provider: information to the client and limits, including human review of recommendations before delivery.
• A clause supplementing the processing agreement: no model training, retention of queries, sub-processors, deletion or return.
• Internal procedures: internal regulations clause, individual acknowledgement of having read the charter and appointment of the officer.
• Information notices for a chatbot and for content published with the help of AI.
• Finally, references to Laws No. 09-08, No. 2-00 and No. 65-99 as well as to Regulation (EU) 2024/1689.

When to use the clauses

The clauses are used when drafting a service contract involving AI tools, whether the organisation is the client or the provider. They are also used to supplement a data processing agreement with a processor. Moreover, they accompany the adoption of a use charter: internal regulations, individual acknowledgement and appointment of the officer. They thus concern management, data controllers and AI officers.

Instructions for use

First, the organisation identifies its position: client, provider or controller of processing entrusted to a processor. Next, it selects the relevant clauses and completes the items in square brackets, such as the incident notification deadline. Then it adapts each clause to the procedure and to the law applicable to the contract. Finally, in a company with at least ten regular employees, clause D1 follows the formalities of Article 138 of the Labour Code.

Expected outcome

The organisation has consistent provisions across its contracts, its processing agreement and its internal rules. Obligations relating to data, deliverables and incidents thus receive uniform wording, set out in the AI model clauses.

Key facts

Limitations

The clauses remain frameworks: their insertion requires adaptation to the situation, the procedure and the law applicable to the contract. This adaptation is a matter for the organisation and, where appropriate, its authorised advisers. Moreover, references to legal texts must be checked against the wording in force on the date of use. The firm provides no representation before the courts.

Further reading: Information Systems & Digital Transformation; Law No. 09-08 on the protection of individuals with regard to the processing of personal data.