Area 5.2

Fix Accountability Across the Supply Chain

When a third party’s model is involved, who answers for the outcome?

Enhanced: 2 2 controls

Who it applies to

Enter for every AI system whose letter is E or A (this area has no Baseline controls). Go as deep as your system letter, and implement in your mode.

Why it exists

Settle, in advance and in writing, who is answerable for what when a decision runs through a third party’s model — because responsibility that is not fixed will be disputed at exactly the moment it matters. You cannot delegate accountability to your provider (the Governance principle), but you can and must allocate the specific responsibilities across the chain: which failures are yours, which are the provider’s, and how that is evidenced. Do it in the contract, before the incident, not in the argument after it.

What to actually do

Controls

Enhanced 2 controls

Control 186

Allocate supply-chain responsibilities contractually, per failure type.

EnhancedPreventiveall rolesper system

What it is

Who answers for what, and how it is evidenced.

How to implement it · Minimum structure
  • Failure types: harmful or wrong output, data leak, unannounced model change, outage, security breach
  • For each failure type: who answers for it (provider, organisation, other party) and what each must do
  • Evidence: logs, version records and incident reports the provider must supply, and within what time
  • Notice: provider informs the organisation of incidents and model changes within an agreed period
  • Remedies per failure type: correction, service credits, indemnity or termination
How to start

Take the current contract for this system and map each failure type to the clause that covers it; the gaps become the negotiation list.

Evidence

The signed contract or annex with the responsibility allocation per failure type.

Mode: light / standard / full
light
Where terms are not negotiable, note which failures the standard terms leave with the organisation.
standard
A negotiated responsibility annex for each material provider, reviewed by legal counsel.
full
A standard responsibility schedule applied by procurement and legal to every AI provider, tracked in the contract register.

Control 187

Record where accountability remains with you regardless of provider.

EnhancedPreventiveall rolesper system

What it is

So the governance model reflects the law, not a wished-for transfer.

How to implement it · Minimum content
  • System and use case concerned
  • Accountability retained: decisions about people, answers owed to affected individuals, duties towards the regulator, obligations over the personal data
  • Reason it cannot be transferred: the legal rule or contractual limit
  • Internal owner who answers for each retained accountability
  • How the governance model covers it: oversight position, decision records, redress route
How to start

For this system, list who its decisions affect and which obligations towards them stay with the organisation whatever the contract says; confirm the list with legal advice.

Evidence

The retained-accountability record, signed by its owner and linked to the contractual allocation.

Mode: light / standard / full
light
A short section in the system's file, written once with an external lawyer or adviser.
standard
A register kept per system by the legal or compliance lead.
full
Part of the governance model, reviewed by legal at each change of provider or of the applicable rules.

Evidence

The contractual responsibility allocation; the record of retained accountabilities; evidence used to attribute a specific failure across the chain.