The Draft Guidelines, which review the existing CEBS Guidelines on Outsourcing published in (CEBS Guidelines), are the EBA’s. on outsourcing. by PLC Financial Services. Related Content. CEBS: Guidelines on outsourcing. by PLC Financial Services. Related Content. They review the existing Committee of European Banking Supervisors (CEBS) guidelines on outsourcing, which were published in
|Published (Last):||24 October 2018|
|PDF File Size:||10.74 Mb|
|ePub File Size:||7.78 Mb|
|Price:||Free* [*Free Regsitration Required]|
The Guidelines provide criteria to ensure a more harmonised assessment of the criticality or importance of functions. This announcement by the FCA albeit made to very little fanfare was generally welcomed by both UK financial institutions and cloud providers as the announcement relieves them of the burden of complying with two sets of guidance which, though similar, included nuanced differences.
Notwithstanding, it seems unlikely that the EBA will make any concessions in the final guidelines for FinTech providers. The Draft Guidelines state that intra-group arrangements, as well as third-party outsourcings, must comply with the Draft Guidelines. Looking for news over 5 years old? The Guidelines specify a set of aspects that should be encoded within the written outsourcing agreement.
Yvonne Dunn Partner View profile. Interestingly the Draft Guidelines do not address the fact that integrating guidelines means that payment institutions and electronic money institutions will, from the effective date of the Draft Guidelines, be subject to the cloud considerations even though such institutions are not currently in scope of the Cloud Recommendations Addressees.
By Regulatory News June 22, The EBA confirmed they had not yet considered this point and advised that they would reflect and clarify the position in the final guidelines. It also plans to develop a “coherent cyber resilient testing framework” next year. Alexander Shepherd Partner Singapore.
EBA Consults on Outsourcing Arrangements
This is a relatively short period of time considering not only the scope of the new guidelines, but also the breadth of change In-scope Entities face in the coming 12 months. Beyond the key themes identified below, the Public Consultation included discussions of the issues of internal audit, reporting and registration, and supervisory outsourving. The Guidelines provide the responsibilities of the management body for the establishment of outsojrcing appropriate framework for outsourcing, its implementation and application in a group, the.
In addition, when outsourcing to third country service providers, a Financial Institution should be satisfied that the service provider cehs in a socially responsible manner and adheres to international standards on human rights, environmental protection and appropriate working conditions, including the prohibition of child labour.
Institutions and payment institutions should ensure that service providers, where relevant, comply with appropriate information security standards.
EBA to issue final outsourcing guidelines in early
Shane Barber Managing Partner Australia. September 24, Keywords: The EBA is also due to publish reports on emerging technology risks and related guidance for prudential supervisors, such as big data and data analytics, distributed ledger technology and open banking, in the second and fourth quarters ofit said. The Public Consultation consisted of industry bodies, bank representatives, law firms, service providers and industry utilities in deep discussion and questioning the EBA for two hours.
Share this post Select how you would like to share using the options below.
Pinsent Masons said that competition and digital innovation at banks is at risk unless significant changes are made to the EBA’s draft guidelines on outsourcing. The revised guidelines deal with the responsibilities of the management body for the establishment of an appropriate framework for outsourcing, its implementation and application in a group, the due diligence process, and risk assessment before entering such arrangements.
According to the EBA’s work programme forthe supervisory body will continue to focus much of its attention on the regulatory compliance implications of fintech.
Media Relations New York: The revised guidelines cover credit institutions and investment firms subject to the Capital Requirements Directive CRDbut also payment institutions subject to the revised Payment Services Directive PSD2 and electronic money institutions subject to the e-money Directive.
The guidelines also stipulate that institutions must ensure audit and access rights in written outsourcing agreements both for themselves and for competent authorities and institutions are required to maintain a register of all outsourcing arrangements. Using proactive remedies to solve outsourcing contract problems Guide: Institutions and payment institutions should ensure that service providers, where relevant, comply with.
Financial Institutions should pay particular attention to conflicts of interest in the context of intra-group outsourcing arrangements. Financial Institutions should only agree to sub-outsourcing if the service provider undertakes to:. The draft Guidelines seek to establish a more harmonised framework for all financial institutions supervised by the EBA.
The EBA also emphasised the need for a cooperation agreement between relevant competent authorities if the outsourcing service provider is located in a third country see paragraph 26 of the Draft Guidelines.
They are divided into five titles, as follows:. Paul Hermant Partner Belgium. Many attendees at the Public Consultation noted that this scope was unduly onerous and would become administratively burdensome for firms to manage.
Skip to content [Accesskey ‘1’] Skip to navigation [Accesskey ‘2’]. A further report on regulatory technologies regtech is also expected to be issued towards the end of next year, it said.
Financial Institutions must identify, manage, monitor and report all risk they are or might be exposed to in relation to arrangements with third parties. The attendees at the Public Consultation raised a number of questions which have, no doubt, given the EBA considerable food for thought. With the exception of outsourcing arrangements to cloud service providers, Financial Institutions should complete the documentation of all existing outsourcing arrangements following the first renewal date of the relevant arrangement, but not later than by 31 December The EBA recently published the responses it received to its consultation, including submissions from Pinsent Masons, the law firm behind Out-Law.
EBA Consults on Outsourcing Arrangements
The Guidelines will now apply to credit institutions cdbs investment firms jointly “institutions”as well as payment institutions and electronic money institutions jointly “payment institutions”. In particular, third country institutions may set up subsidiaries or branches in EU to get or maintain access to EU financial markets and infrastructure. That said, the potential systemic risk implications of the use of cloud arrangements is an area outssourcing focus for banking regulators and should be monitored going forward.
The Guidelines specify the criteria to assess whether an outsourced activity, service, process or function or part of it is critical or important. Stefano Febbi Partner Italy.
They will also apply to outsourcing agreements entered into before 30 Guidelinea from the point they are reviewed or renewed.
CEBS: Guidelines on outsourcing
Scott McInnes Partner Belgium. As many In-scope Entities set about moving key operations out of the UK and to other EU member states, intra-group outsourcing arrangements will become increasingly critical. December 19, WebPage Regulatory News.