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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

ISBN13: 9781035311729
To be Published: February 2025
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £120.00



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.

Subjects:
Public Procurement, IT, Internet and Artificial Intelligence Law
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