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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The consultation runs until September 24, The draft Guidelines set out a number of requirements as to how risk is to be assessed.

As a result, both cloud and FinTech featured heavily on ghidelines agenda at the Public Consultation. Paul Hermant Partner Belgium. One attendee at the Public Consultation requested that the EBA extend the timeline for implementation, but whether the EBA will heed this or any of the recommendations made at the Public Consultation, remains to be seen.

CEBS: Guidelines on outsourcing | Practical Law

Many attendees at the Public Consultation noted that this scope was unduly onerous and would become administratively burdensome for firms to manage. As well as having a broader scope of application, the draft Guidelines are considerably more prescriptive than the CEBS Guidelines meaning that inscope Financial Institutions will need to review and update their outsourcing arrangements once the draft Guidelines are adopted.

Here you can read the Guidelines. Stefano Febbi Partner Italy. 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.

Institutions and payment institutions should ensure that service providers, where relevant, comply with.

EBA Consults on Outsourcing Arrangements

According to the EBA, competent authorities must grant authorisation in full compliance with EU Law and should set a strict framework in line with the draft Guidelines for outsourcing from Financial Institutions to third country entities and ensure consistent and effective supervision.


Also notably, this FCA announcement was most likely a political nod to European regulators that UK financial services firms are expected to remain compliant with the leading European guidance on outsourcing to the cloud. The Recommendation on outsourcing to cloud service providers, published in Decemberhas also been integrated into the Ceebs.

They also provide a harmonised set of criteria for assessing criticality or importance. 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. According to the draft Guidelines, each Financial Institution should maintain a register of its outsourcing arrangements which documents and records all guide,ines outsourcing arrangements and which includes certain specified information regarding: In addition, when outsourcing to third country service providers, a Financial Institution should be satisfied that the service provider acts 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.

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This blog post identifies and explores the key themes of the day. The Draft Guidelines aim to integrate the Cloud Recommendations, and the Cloud Recommendations will be repealed when the final outsourcing guidelines take effect. Notwithstanding, it seems unlikely that the EBA will make any concessions in the final outourcing for FinTech providers.

The EBA has said that it will issue a follow-up report or opinion on “the implementation” of its cloud outsourcing recommendations. 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.

EBA Consults on Guidelines on Outsourcing in the EU

The Guidelines will now apply to credit institutions and investment firms jointly “institutions”as well as payment institutions and electronic money institutions jointly “payment institutions”. 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.


Skip to content [Accesskey ‘1’] Skip to navigation [Accesskey ‘2’]. The Guidelines include requirements which aim at ensuring that: The EBA confirmed they had not yet considered this point and advised that they would reflect and clarify the position in the final guidelines. Outsourcing is relevant in outsourcung context of gaining or maintaining access to the EU financial market.

Outsourcing arrangements with third country service providers must be subject to additional safeguards that ensure that they do not unduly increase outsoucring or impair the ability of competent authorities to effectively supervise Financial Institutions. 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.

Pauline Kuipers Partner Netherlands. December 17, WebPage Regulatory News. To understand more about how we use cookies, or for information on how to change your cookie settings, please see our Cookie Policy. Institutions and payment institutions should ensure that the service provider grants them and their competent authorities complete access to all relevant business premises. Also, institutions and payments institutions are required to maintain a register of all outsourcing arrangements.

The Guidelines provide the responsibilities of the management outsougcing for the outsourcng of an appropriate framework for outsourcing, its implementation and application in a group, the. It has still to confirm when in that paper will be published.