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In summary, IBM Cloud provides an environment . We also explain the impact of Brexit on the regulations that apply to UK firms and how evolving European regulations are expected to affect UK firms. EBA Guidelines on outsourcing arrangements 01 Table of Contents 1 High-Level summary of the issued Guidelines 3 1.1 Executive summary 3 1.2 Background 4 1.2.1 Compliance and reporting obligations 5 1.2.2 Timings 5 2 Guidelines on outsourcing 6 2.1 Guidelines 1&2 - Proportionality: groups and institutional protection schemes 6 EBA Guidelines Addendum - A contractual addendum . Read on for a summary of what financial organisations need to do to comply and how Risk Ledger can help. The guidance introduces a single governance framework for all financial institutions to consider when entering into an outsourcing arrangement and introduces new areas of focus for firms to . European Banking Federation aisbl Brussels / Avenue des Arts 56, 1000 Brussels, Belgium / +32 2 508 3711 / info@ebf.eu Frankfurt / Weißfrauenstraße 12-16, 60311 Frankfurt, Germany EU Transparency Register / ID number: 4722660838-23 1 www.ebf.eu 24 September 2018 EBF_033437 EBF comments on the draft EBA Guidelines When does SS2/21 come into force? FINAL REPORT ON THE GUIDELINES ON OUTSOURCING 2 ontents Executive summary 4 Background 6 Guidelines on outsourcing 16 1. To stay compliant with EBA Guidelines . It was expected, or at least there was wishful thinking, that MiFID II (2014/65/EU) and GDPR (Regulation (EU) 2016/679) would be the regulatory summit for our high mountain region.

they can sub-contract with third parties known as "chain outsourcing". The final report contains the guidelines and a detailed summary of the changes from the previous draft Guidelines issued in June 2018 (EBA/CP/2018/11).

By way of summary, a firm should: identify and assess: (i) all relevant risks of the cloud outsourcing arrangement and undertake appropriate due diligence on the prospective CSP; and (ii) identify and assess any conflict of interest that the outsourcing may cause. Outsourcing has become a major market activity, with Gartner forecasting the IT Outsourcing market alone to reach $287 billion in 2013. The Guidelines will replace the existing CEBS Guidelines on Outsourcing published in 2006. Guideline 2: Pre-outsourcing analysis and due diligence.

], and payment institutions should identify, assess and manage conflicts of interests with regard to their outsourcing arrangements. 4 | EBA Outsourcing Guidelines 1. 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.
2.2 During the conduct of this programme of work, the European Banking Authority ('the EBA') updated the 2006 guidelines on outsourcing that were issued by the Committee of capable of allowing outsourcing institutions to comply with the EBA recommendations on cloud outsourcing when using IBM Cloud for both material and non-material activities. The regulatory framework on operational resilience in the EU, including a table summarising the key UK and EU rules and guidelines relating to operational resilience. Fortunately, the EBA had foreseen a transitional period, which will end on 31 December 2021. 46. The European Banking Authority ( EBA ) Guidelines on ICT and security risk management (the Guidelines ) set out detailed requirements regarding the information and communication technology ( ICT ) arrangements for in-scope firms (link to the. Cost savings, access to innovation and quality improvement remain key objectives for Outsourcing.

The EBA Outsourcing guidelines require firms to bring legacy outsourcing arrangements (other than cloud arrangements) in compliance with the guidelines by no later than 31 December 2021. They also replace the EBA's Recommendations on Outsourcing to Cloud Service Providers published in 2018. On 22 June 2018, the European Banking Authority (EBA) launched a public consultation on its draft Guidelines on outsourcing. Guidelines (EBA/GL/2017/05) and the EBA Guidelines on outsourcing arrangements (EBA/GL/2019/02) The Guidelines do not outline how financial institutions are expected to implement the 3 Lines of Defense model, but they are compatible with the model (and aligned with EBA Guidelines on internal governance) Focus on the responsibilities of the EBA Guidelines on Outsourcing Arrangements EU European Corporate Due Diligence Act GDPR FCA FG 16/5 HHS HIPAA Security Rule NERC CIP-013-1 R1 & R2 NY 23 NYCRR 500 SHIELD Act OCC Bulletin 2013-29 Bulletin 2017-21 SEC Foreign Corrupt Practices Act UK Anti-Bribery Act Modern Slavery Act US DoD The European Banking Authority's Guidelines on Outsourcing became effective in September 2019 and have now been transposed by national competent authorities in most EU Member States. 29 March 2021 The PRA publishes its final policy on outsourcing and third party risk management as part of the wider operational resilience package issued by the UK authorities. The Guidelines amend and finalise previously published draft guidelines in light of extensive consultation . The EBA has made clear that the guidelines aren't rules, but rather a flexible set of principles addressing the use of technology outsourcing in the financial sector. This SS clarifies how the PRA expects banks to approach the EBA Outsourcing GL in the context of its requirements and expectations. Published on 5 December 2019. FCA solo-regulated firms are not in scope of the PRA's Supervisory Statement, and should continue to comply with the EBA Guidelines on Outsourcing, per the FCA's expectations. 2006 CEBS Guidelines The draft Recommendations supplement the CEBS Guidelines published by the EBA's predecessor in 2006. New Guidelines on Outsourcing Arrangements (EBA/GL/2019/02) ("Guidelines") have been issued by the European Banking Authority ("EBA") and came into forceon September 30, 2019.

In December 2017, the EBA issued its Final Report: Recommendations on outsourcing to cloud services providers, which outlined a comprehensive approach to the outsourcing of cloud .

The New Outsourcing Guidelines are now awaiting to . The KPMG EBA Outsourcing Guidelines Survey 2021 was completed by 23 respondents across Belgium, the Netherlands and Luxembourg. The Guidelines set out a new harmonised governance framework for outsourcings, including cloud outsourcings in one document. EBA's guidelines apply primarily to functions that are considered to be critical or important to financial institutions. Both the Committee of European Banking Supervisors (CEBS) 2006 Guidelines on outsourcing and the EBA's recommendations on outsourcing to cloud service will be repealed on 30 September. SS2/21 comes into effect on 31 March 2022. The EBA Guidelines came into force on 30 September 2019 (the "Commencement Date") and replaced the CEBS guidelines on outsourcing from 2006. The European Banking Authority ("EBA") has published its revised guidelines on outsourcing arrangements ("New Outsourcing Guidelines"). Within these Guidelines, the EBA aims to contribute to a harmonized framework for outsourcing on a European level. Only 30% of the respondents feel very confident that their organization is compliant with the EBA Outsourcing Guidelines. Where outsourcing creates material conflicts of interest, including between entities . EBA Guidelines on Outsourcing Arrangements - Summary of Requirements Outsourcing business functions, including IT and data services, can have many benefits, such as reduced costs, more efficiency and the ability to quickly scale; however, outsourcing poses security risks to financial institutions' internal controls, data management and data . To save you reading, below are presented the 7 key takeaways from the new Guidelines: 1. Diverging perceptions and expectations . Only 30% of the respondents feel very confident that their organization is compliant with the EBA Outsourcing Guidelines. The EBA has also "integrated" its recent Recommendations on outsourcing to cloud service providers into the Guidelines. Part One - European Level Outsourcing Guidance EBA Guidelines Applies to outsourcing to third-parties Applies t o intra -group outsourcings Appli es to intra -entity outsourcings Brexit Implications EU Level 3 materials will not be onshored, and, accordingly, the EBA Guidelines will not form part of UK retained law. A true partnership requires to explicitly manage perceptions about the services contracted, delivered and expected. In addition, certain chapters in this SS expand on the expectations in the EBA Outsourcing GL, for instance . Considering that the main risks associated with cloud outsourcing are similar across sectors, ESMA has considered the recent guidelines published by EBA and EIOPA, namely the EBA Guidelines on outsourcing arrangements, which have incorporated the EBA Recommendations on outsourcing to cloud service providers, and the EIOPA Guidelines on . These are banks, building societies and IFPRU investment firms as defined in our Handbook. Many requirements are the same than in the EBA Outsourcing Guidelines and/or in the Circ.-FINMA 2018/3 Outsourcing (Governance & Oversight, due diligence, right to audit, sub-contracting, Exit .
Compliance and reporting obligations 17 2.

Summary. The EBA Guidelines on outsourcing arrangements, published February 2019 (the "Guidelines"), have been applicable to credit institutions, certain MiFID investment firms, and payment and electronic money institutions since 30 September 2019. Specificities regarding IT outsourcing relying on a cloud computing infrastructure EBA Guidelines on outsourcing arrangements (EBA/GL/2019/02) The EBA published its revised Guidelines on outsourcing arrangements setting out specific provisions for the governance frameworks of all financial institutions within the scope of the EBA's mandate with . Since publication, firms have been busy identifying changes to their frameworks and the services . The European Banking Authority's (EBA) guidelines on outsourcing, issued in February 2019 and entered into force in September 2019, have considerably increased the level of control of third-parties including cloud providers. SS2/21 should be read alongside the EBA Guidelines on Outsourcing which remain effective. The European Banking Authority (EBA) launched today a public consultation on its draft Guidelines on outsourcing. However, the EBA also set a hard deadline of 31 December 2021 for institutions to review and update the documentation for legacy outsourcing arrangements of critical or important functions - other than in respect of outsourcing arrangements to cloud service . The EBA outsourcing guidelines (EBA/GL/2019/02) apply to credit institutions and investment firms subject to the EU Capital Requirement Directive (2013/36/EU). How IBM supports banks in the context of European Banking Authority recommendations on Cloud Computing. The EBA Guidelines specify that continuous monitoring of third-party outsourcing arrangements is required as part of the risk management of vendors. On 25 February 2019, the European Banking Authority (EBA) published revised (final) guidelines on outsourcing arrangements (Guidelines) for credit institutions and certain investment firms (institutions) as well as payment and electronic money institutions (payment institutions). The guidelines reflect the EBA's awareness of the increased digitalisation of financial services, which is aimed at reducing costs and improving flexibility and efficiency in business and service delivery, as well as an increase in the outsourcing of core functions performed by institutions. Applying the EBA outsourcing guidelines, not just for the sake of regulatory compliance, will definitely increase the chances of having fruitful and value adding outsourcing arrangements.

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