Program 01 · AI governance (AIGP)

Procurement, third-party risk and contracts

13 min read

Buying AI moves work to the vendor but not your accountability. Regulators hold deployers to their own duties.

Due diligence questions

  1. What is the system's intended purpose, and what uses are out of scope?
  2. What data trained it? Was it lawfully obtained and licensed?
  3. What testing was done (performance, bias, robustness, red teaming)? Can we see results?
  4. Will our data or prompts be used to train the vendor's models?
  5. Where are data stored and processed? Which sub-processors and underlying foundation models are involved?
  6. What documentation exists: model cards, instructions for use, EU declaration of conformity, ISO/IEC 42001 certification?
  7. How are changes, incidents and model updates communicated?
  8. What explanation and logging support does it offer for our obligations?

A vendor that refuses to share material testing information is itself a risk signal.

Contract terms

TermWhy it matters
Permitted use and restrictionsKeeps use within the assessed scope
Data use, no training without consent, retention and deletionProtects confidential and personal data
Audit and information rightsLets you verify claims and meet your duties
Performance and accuracy warranties; SLAsGives recourse for under-performance
Bias testing commitmentsSupports anti-discrimination compliance
IP indemnityCovers infringement claims over outputs or training data
Incident and change notificationYou learn about problems and model changes in time
Regulatory cooperationSupport with regulator requests and conformity duties
Termination, exit and transitionLets you leave without losing data or continuity

Open-source and foundation models

There may be no vendor to hold accountable. Check licence terms (including acceptable-use restrictions), do your own testing, and track the model's version and provenance.

Deploying your own model

A company that builds and deploys its own model has no vendor to share the risk. It takes on the provider's duties (under the EU AI Act, the full set of high-risk provider obligations where they apply), carries more liability when something goes wrong, and must produce the documentation and testing a vendor would otherwise supply. In return it gets full visibility into the data and the model, and full control over changes.

Ongoing third-party management

Due diligence is not one-off: re-review vendors periodically and when their model, terms or ownership change.

Check your understanding

Check 1 of 2Domain IV. Deployment & use

Which clause BEST addresses the risk that a vendor changes its underlying model without warning?

Check 2 of 2Domain IV. Deployment & use

A team wants to deploy an open-source LLM. What is a distinctive governance concern?

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