84. The contractual arrangement should include at least the following elements: a. a clear and …

The contractual arrangement should include at least the following elements:

• a. a clear and complete description of non-ICT services supporting functions to be provided by the TPSP, indicating whether the subcontracting of a critical or important function, or material parts thereof, is permitted and, if so, the conditions specified in Section 1312.1 that subcontracting is subject to;
• b. the location(s) (i.e. regions or countries) where the function will be provided, and the conditions to be met, including a requirement to notify the financial entity if the TPSP envisages changing the location(s);
• c. the governing law of the contract;
• d. the location where the data is processed including storage;
• e. provisions on availability, authenticity, integrity, and confidentiality in relation to the protection of data, including personal data;
• f. provisions on ensuring that the data that are owned by the financial entity can be easily accessed, recovered, and returned in the case of the insolvency, resolution, or discontinuation of business operations of the TPSP, or in the event of the termination of the contractual arrangements;
• g. service level descriptions, including their updates and revisions thereof;
• h. the obligation of the TPSP to fully cooperate with the competent authorities and resolution authorities of the financial entity, including other persons appointed by them;
• i. termination rights and related notice periods for the termination of the third-party arrangement, as specified in Section 1312.3;
• j. for institutions under CRD, a clear reference to the national resolution authority’s powers, especially to Articles 68 and 71 of Directive 2014/59/EU (BRRD), and in particular a description of the ‘substantive obligations’ of the contract in the sense of Article 68 of that Directive.

1. Visão geral

1.1 Referências

1.2 Requisitos identificados

1.3 Normas relacionadas

2. Requisitos identificados

3. Normas relacionadas

• EBA - Published by the European Banking Authority at https://www.eba.europa.eu/