+Article 22 Outsourcing
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Article 22 Outsourcing

1. Resumen

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Article 22 1

1.   A SIPS operator shall remain at all times responsible for compliance with this Regulation in respect of any outsourced functions, operations and/or services related to the operation of the SIPS.
Article 22 2

2.   A SIPS operator shall ensure that outsourcing does not undermine the SIPS operator’s ability to comply with the requirements under this Regulation and does not result expressly or by implication in the delegation of the SIPS operator’s responsibility for compliance with the requirements of this Regulation to the outsourcing service provider.
Article 22 3

3.   A SIPS operator when outsourcing to a third party or an intragroup entity shall have in place written contractual arrangements between itself and the outsourcing service provider. The provisions of the contractual arrangements shall at least:

(a)

ensure that the SIPS operator can comply with its obligations arising from this Regulation, other applicable laws, regulatory requirements and contracts;

(b)

include a clear and precise description of the outsourced functions, operations and/or services, of the functions of the outsourcing service provider and also of the allocation of the rights and obligations of the parties to the contractual arrangements;

(c)

ensure the rights of the relevant competent authority to exercise its powers under Article 29(1), point (a), of this Regulation and, in the case of outsourcing related to the SIPS critical functions, operations and/or services as identified in Article 10(4), also ensure the rights of the relevant competent authority to exercise its powers under Article 29(1), points (b) and (c), of this Regulation.

(d)

specify whether sub-outsourcing of the SIPS critical functions, operations and/or services is permitted and the conditions that would apply in such cases, and which shall ensure the compliance of the SIPS operator with the requirements of this Regulation;

(e)

ensure the right of the SIPS operator to terminate the contractual arrangement in case of significant breaches of laws, regulations or contractual terms and if the compliance with the requirements under this Article cannot be ensured.
Article 22 4

4.   A SIPS operator shall have a comprehensive outsourcing framework in place to effectively identify, monitor and manage the risks arising from any outsourcing and throughout its whole lifecycle. The SIPS operator shall also have in place an outsourcing strategy that takes into account the risk tolerance of the SIPS operator.
Article 22 5

5.   The outsourcing framework referred to in paragraph 4 shall enable the SIPS operator to at least:

(a)

assess any risks that may arise from outsourcing, including any concentration risks and risks related to sub-contracting, before the signing of any contractual arrangement;

(b)

identify and manage effectively the risks related to any outsourcing of the SIPS critical functions, operations and/or services;

(c)

ensure the assessment of any conflict of interests related to the outsourced functions, operations and/or services;

(d)

exercise audit rights necessary to assess the related outsourcing risks and to comply with its regulatory obligations. This shall include a plan for audits and inspections on the outsourcing service provider related to the SIPS critical functions, operations and/or services.
Article 22 6

6.   A SIPS operator shall ensure that outsourcing does not impair the effectiveness and soundness of the SIPS operation and the soundness of its systems, policies, internal controls and related procedures.
Article 22 7

7.   In the case of outsourcing related to the SIPS critical functions, operations and/or services as identified in Article 10(4), a SIPS operator shall develop and maintain an exit strategy that does not result in disruption to the SIPS operations.
Article 22 8

8.   The Eurosystem shall develop non-binding guidance addressed to SIPS operators on the requirements related to outsourcing. Such guidance shall be made available by the ECB on its website.

1.1 Referencias

1.2 Requisitos identificados

1.3 Estándares relacionados

2. Requisitos identificados

Requisitos

3. Estándares relacionados

Estándares