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

Author: Christoph Krönke; Patricia Valcárcel Fernández
Publisher: Edward Elgar Publishing
ISBN: 9781035311729
Published In: February 2025
Format: Hardback
Jurisdiction: European Union ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: AU$325.00

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Description
Contents

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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.

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