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Buying AI: The Legal Framework for Public Procurement of Artificial Intelligence in the EU

Edited by Christoph Krönke · Patricia Valcárcel Fernández
Edward Elgar Publishing February 2025

Specifications

ISBN-13
9781035311729
Publisher
Edward Elgar Publishing
Publication
February 2025
Format
Hardback
Jurisdiction
European Union ? Countri(es) for reference only

Details

This informative book investigates the role of public procurement law in regulating the acquisition of artificial intelligence (AI) systems for use in public administration in EU Member States.

Buying AI highlights the need to ensure that AI systems meet legal and practical requirements such as control, transparency and functionality, exploring the extent to which the existing public procurement laws of Member States can implement these conditions. The book features in-depth analyses of public procurement organisations, procedures and instruments in Austria, Denmark, France, Germany, Italy, Spain and the UK, as well as detailed comparisons of their respective legal frameworks. Expert authors provide a useful toolbox for effectively employing AI systems in the correct normative and practical contexts during the procurement process.

Examining the effect of the 2024 European AI Act, this unique book is an essential resource for students and scholars of commercial law, European law, international economic law and trade law. It is also beneficial to law firms and solicitors advising on public procurement.

Table of Contents

Foreword ix

1. Relevance of procurement law for the use of AI in public administration 1

Patricia Valcarcel Fernandez

2. Overview of digital technologies relevant to public procurement 12

Daniel Arosa Otero and Manuel Garcia Rodriguez

3. Legal requirements for the use of AI in public administration 40

Christoph Kroenke

4. Relevant EU procurement law requirements 64

Miguel Assis Raimundo and Marco Caldeira

5. Country report on Germany 100

Christoph Kroenke

6. Country report on Spain 130

Patricia Valcarcel Fernandez

7. Country Report on Austria 161

Valentina Neubauer

8. Country report on Denmark 203

Carina Risvig Hamer and Hanne Marie Motzfeldt

9. Country report on France 219

Francois Lichere and Romain Micalef

10. Country report on Italy 257

Gabriella M. Racca

11. Governance of AI procurement in the UK 283

Albert Sanchez-Graells

12. Comparison of the legal frameworks in the member states 296

Christoph Kroenke and Tabea Schulze Pals

 

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