Trustworthy Artificial Intelligence and Public Procurement

The use of artificial intelligence by public administrations raises major legal challenges, given its potential to harm citizens’ rights and freedoms. The risks that artificial intelligence systems may entail must be assessed when AI systems are procured, both in the design of the tender and in the establishment of the obligations of the contract. In this context, even in the absence of a European legal framework on the use of artificial intelligence systems, a number of soft law documents have already been drafted to ensure that administrations procure trustworthy AI systems. From these, it is possible to extract a series of guidelines that should be incorporated in the public procurement of AI systems, as these clauses derive without difficulty from the general legislation applicable to the use of new technologies by the administration.