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

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Inthe EBA has also promised to issue guidelines and a report or opinion on IT management and security. However, an attendee raised a question as to the applicability of the Draft Guidelines to industry utilities.

EBA consults on Guidelines on outsourcing

They will also apply to outsourcing agreements entered into before 30 June from the point they are reviewed or renewed. In-scope Entities should therefore review the terms of their intra-group agreements and think about their current operational measures and controls to manage intra-group arrangements.

Institutions and payment institutions should ensure that the service provider grants them and their competent authorities complete access to all relevant business premises. In particular, third country institutions may set up subsidiaries or branches in EU to get or maintain access to EU financial markets and infrastructure.

However, in light of the broad reach of the Draft Guidelines, In-Scope Entities leveraging third parties to enhance their FinTech offerings will need to take account of the Draft Guidelines once they take effect when engaging with FinTech providers. Among other things, the draft Guidelines specify certain conditions that must be met before a Financial Institution outsources banking activities or payment services that require authorisation or registration by a competent authority in the Member State where cehs Financial Institution is authorised.

Inquire About Upcoming Events. Stefano Febbi Partner Italy. 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.

Institutions and payment institutions should have sound internal governance arrangements which include a clear organisational structure. The EBA opened a consultation on proposed new outsourcing guidelines back in June. EBA to issue final outsourcing guidelines in early The European Banking Authority will issue final guidelines early next year on what banks and other financial institutions should have in place when outsourcing some of their functions to third parties, including cloud providers.


This approach was challenged at the Public Consultation on the grounds it could lead to operational risk, in particular in connection with cloud outsourcing arrangements. The Guidelines provide 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 outsourcint such arrangements.

Many attendees at the Public Consultation noted that this scope was unduly onerous and would become administratively burdensome for firms to manage.

In addition, when outsourcing to third country service providers, a Financial Institution should be satisfied that the service provider csbs 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.

It has promised a report or opinion on “cross-border obstacles with regard to innovation” between the beginning of April and end of June The draft Guidelines specify certain guiddlines requirements that must be included in all outsourcing contracts, as well as a number of additional requirements that apply when outsourcing critical or important functions. Click here to start your search. Scott McInnes Partner Belgium. Hans Svensson Guidslines Sweden. The aim of these Guidelines is to harmonise the framework for outsourcing arrangements of all financial institutions in the scope of the EBA’s action.

EBA Consults on Guidelines on Outsourcing in the EU

December 17, WebPage Regulatory News. Paul Hermant Partner Belgium. 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.

The Draft Guidelines aim to integrate the Cloud Recommendations, and the Cloud Recommendations will be repealed when the final outsourcing guidelines take effect. Going forward, it will be interesting to see how the FCA responds to the introduction of the outsourcing guidelines and, as a result, repeal of the Cloud Recommendations yuidelines are scheduled to come into effect after the UK has left the EU.


EBA to issue final outsourcing guidelines in early 2019

December 20, WebPage Regulatory News. The draft Guidelines seek to establish a more harmonised framework for all financial institutions supervised by the EBA. December 19, WebPage Regulatory News. As a result, both cloud and FinTech featured heavily on the agenda at the Public Consultation.

This raises the obvious question about the need for such an agreement between EU guiidelines and the FCA post-Brexit; unfortunately, the EBA advised that the status of any work regarding cooperation agreements fell outside of the remit of the Public Consultation. A further report on regulatory technologies regtech is also expected to be issued towards the end of next year, it said. The European Council presidency and the European Parliament agreed on a new framework for dealing with the non-performing loans NPLs of banks.

Media Relations New Guideines The additional requirements include provisions regarding: Pauline Kuipers Partner Netherlands.

Institutions and payment institutions should ensure that service providers, where relevant, comply with appropriate information security standards. The Cloud Recommendations were published ahead of the full revision of the CEBS Guidelines, due to demand for timely guidance in this area.

The outsourcing agreement should specify whether or not the service provider can sub-contract the provision of a critical or important function.

Responding to these concerns Outsouricng Rummel of the EBA noted that the competent authorities would be in regular dialogue with In-scope Entities and would not exercise such a right without consultation.

Notably, the broadening of the addressees of the Draft Guidelines In-scope Entitiesto include payment institutions subject to the revised Payment Services Directive PSD2 and electronic money institutions subject to the e-money Directivewas not discussed in detail csbs the Public Consultation.