Contracting With Vendors to Mitigate Third-Party AI Risk

When companies and law firms purchase an AI tool from a vendor, they need to consider the risks and controls they can put in place to mitigate them. They will have no control over associated risks unless their contracts with those vendors provide such rights. “Your AI governance program cannot work unless the vendor agreement gives the rights needed to enforce that governance,” William Galkin, partner and founder of Galkin Law, LLC, said during a recent Strafford program. This article synthesizes insights from Galkin and technology executives at BillingNav and morriganAI regarding risks from use of third-party AI tools and considerations for approaching contracting with vendors. It also offers practical advice on six key AI vendor contract clauses to help companies transform an AI governance program from just policy statements into enforceable operational safeguards. See our two-part series on how to manage AI procurement: “Leadership and Preparation” (Sep. 18, 2024), and “Five Steps” (Oct. 2, 2024).

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