Municipalities and government bodies increasingly face software updates that incorporate AI. A new joint guide by the central government, provinces, municipalities, water authorities and public service providers helps procurement officers and functional administrators to assess risks and make appropriate arrangements.
Existing software is increasingly incorporating AI-based functionality. For government organisations, it is not always clear how to manage these changes responsibly, especially when the software has already been procured. The new guide ‘Help! My current service is being updated with AI, what should I do?‘ (Dutch) offers practical guidance.
Key recommendations
The guide explains how public-sector organisations should respond when existing software or services introduce AI. Its key recommendations are to:
- Agree arrangements with suppliers: Require advance notice of new AI features and approval before activation, if possible.
- Check contractual implications: Assess changes to the service’s purpose, scope, and risks, and seek legal advice if needed.
- Assess legal compliance: Check the AI system’s risk classification under the EU AI Act and any requirements for human oversight and transparency.
- Protect data: Ensure personal and confidential data are handled appropriately, and that government data are not used to train AI models without authorisation.
- Strengthen contractual safeguards: Address liability, documentation, human control and access to data when the contract ends.
- Monitor updates: Establish procedures to assess changes throughout the contract.
Use available guidance: Consult Dutch government and EU AI Office resources when preparing new contracts.
In short: Treat AI updates as potential contractual and legal changes, ensuring continued control over data, risks and service delivery.
Part of a broader AI procurement framework
Municipalities and government bodies are collaborating on major digitalisation initiatives as part of the Netherlands’ Digitalisation Strategy (NDS). The guide will be incorporated into a broader framework for the procurement of AI. This framework will set out additional procurement conditions and guidelines for AI systems. These must comply with the AI Act and align with existing procurement conditions, such as the Gemeentelijke Inkoop bij IT (GIBIT, municipal IT procurement conditions). This enables government organisations to procure responsible AI systems more quickly, more carefully and with greater confidence. This approach harnesses AI’s opportunities to improve services for citizens.
