What must the contract include when a public body buys AI?
Article 30 of Italy's public procurement code already asks two things of a body that buys or commissions automated solutions, AI included. It must have the source code, the documentation and anything else needed to understand how they work. And it must put support and maintenance clauses in the tender to fix errors and unwanted effects.
The rest comes from the draft AgID guidelines on AI procurement in public administration, published in March 2026 and not yet final. AgID is Italy's agency for digital government. The draft asks for binding clauses on access, use, retention and portability of data. It also asks for limits on the supplier's use of the body's data, audits and measures against being tied to a single supplier, known as lock-in.
An example case, not a real body. A municipality must choose between a cloud AI assistant, paid per use, and an agent connected to its records system and case management software. The clauses below apply to both. They weigh more in the second case, because the agent works on the body's data every day.
Who owns the data, and what does the supplier do with it?
- Separate in the contract the data the body provides, the data the system produces while working and the data the supplier uses to improve its models. The AgID draft asks for this to avoid doubts about who owns what.
- State that the supplier does not use the body's data, or the answers produced, to train its models without written authorisation. In the United States, federal memorandum OMB M-25-22 on AI acquisition asks contracts to prohibit this permanently, unless the agency explicitly consents.
- Appoint the supplier as data processor, as Article 28 of the GDPR provides, with precise instructions on what it may do with the data.
How do you leave the contract without losing the work?
- Ask for export in an open format of the data, the instructions given to the system, the configurations and the action logs.
- Write an exit plan with times and costs, meaning who hands over what, by when and in what format.
- Ask that the system and its essential parts can move to another environment without unjustified costs. The AgID draft uses exactly this wording.
- Limit licence rights to the intended use. OMB gives the same advice to avoid being tied to a supplier.
How do you check the system while it works?
- Include a right to audit the data and how the system works.
- Have the body keep the action log, not just the supplier.
- Set measurable service levels, for example the time to fix an error.
- Ask for documentation good enough to explain to a citizen how the system works. Italy's Law 132 of 2025 requires its workings to be knowable and its use traceable.
If the system ends up in a high-risk use, for example helping decide who receives a grant, from 2 December 2027 the body will have to use it according to the supplier's instructions and assign oversight to competent people. It makes sense to ask for clear instructions for use today.
Why bring in the procurement office from the start?
The UK government's AI Playbook gives this point a principle of its own. People using AI work with their commercial colleagues from the start. Clauses on data and exit are written into the specification, not after signing.
An Italian precedent shows the cost of mistakes. The Italian data protection authority fined the City of Trento over two research projects with cameras, microphones and social media analysis, and ordered the data deleted. There was no legal basis, the privacy notice was incomplete and the impact assessment had not been demonstrated.
How can you tell if your specification is ready?
- If the specification does not say who owns the data the system produces, add the clause before you publish the tender.
- If the supplier can train its models on the body's data without your written yes, the contract is not ready.
- If you do not know in what format you would get data and logs back at the end of the contract, the exit plan is missing.
- If nobody in the body can explain to a citizen how the system works, ask for more documentation.
What about us?
On our website we state that systems and agents run inside your environment and that we document everything, with no per-seat licence and no lock-in. On our Security page we list data-processing agreements with sub-processors, EU data residency where required, and every call logged with its input and outcome. These are the clauses we would put into a specification.
“The moment to decide where the data ends up is the specification. After signing, you negotiate from a weaker position.”
DBrothers — on AI contracts for public bodies
Frequently asked questions
Are the AgID procurement guidelines mandatory?
Not yet. They are a draft, and after the public consultation the steps set by Italy's digital administration code are still missing. They become binding only once finally adopted, but you can already use them as a model.
Should you ask for source code for a cloud service too?
The code requires it for solutions the body buys or commissions. Our read: for a general-purpose cloud service, ask at least for documentation and the elements needed to understand its logic, and strengthen the exit plan.
Who signs if AI prepares the work?
Always a person. Italy's Law 132 of 2025 says AI plays a supporting role and that the person remains solely responsible for the decisions.
Take the specification for your next AI purchase and check it against the points on this page. If one is missing, we write it together before the tender goes out.
